The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Farmhouse had made partial payments on its debt which tolled the statute of limitations pursuant to section 95.051 . . . Although Southern contended that the statute was tolled pursuant to section 95.051(1)(f), Florida Statutes . . .
. . . . § 95.051(1)(h), Fla. Stat. (2006). . . . Interpreting § 95.051(1)(h), Fla. . . . ." § 95.051(1)(h), Fla. Stat. (2006). . . . Cf. § 95.051(1)(h), Fla. Stat. (2006). . . . See § 95.051(1)(i), Fla. Stat. (2018). . . . ." § 95.051(1)(h), Fla. Stat. (2006). . . . Twins' "awareness" argument as "irrelevant" to the issue of whether the tolling provisions in section 95.051 . . . (1)(h), and the Second District ruled on the merits that section 95.051(1)(h) did not apply, in part . . . In other words, because the Twins presented some argument for the applicability of section 95.051(1)( . . . Indeed, according to the majority: "The Second District held section 95.051(1)(h) did not toll the Twins . . . the majority's decision today, which holds that the Twins' negligence action was tolled by section 95.051 . . . This subsection is now codified in section 95.051(1)(i), Florida Statutes (2017). . . .
. . . In particular, section 95.051 "delineates an exclusive list of conditions" that can toll the running . . . STAT. § 95.051 (1991) (emphasis added). . . . STAT. § 95.051(1) (1991). . . . STAT. § 95.051(2) (1991) (emphasis added). . . . STAT. § 95.051(2) (1991) ) ); Senger Bros. Nursery v. . . .
. . . We note that even if we were to adopt Appellants' argument as to section 95.051(1)(i), Florida Statutes . . .
. . . As an initial matter, Florida Statutes § 95.051, the Florida state statute on tolling, "appears to preclude . . . Florida Statutes § 95.051"delineates an exclusive list of conditions that can 'toll' the running of the . . . "The commencement of a class is not included among the tolling conditions listed in [ section] 95.051 . . . Indeed, citing to section 95.051, the Second Circuit has held that "Florida does not allow tolling during . . . Despite the language of Florida Statutes § 95.051, the Florida Supreme Court has allowed putative class . . .
. . . . § 95.051. So it is clear that Jacobs’s claims were filed after the applicable limitations period. . . .
. . . . § 95.051. . . .
. . . more than four years before they filed suit, and the tolling for minors’ claims provided by section 95.051 . . . See Hearndon, 767 So.2d at 1185; see also § 95.051. . . . The twins argue that the limitations period was tolled under section 95.051(l)(h) continuously from the . . . The twins’ reliance on section 95.051(l)(h) is therefore misplaced. III. . . . Nor does the tolling afforded by section 95.051(l)(h) apply here under the undisputed facts. . . . As the majority recognizes, section 95.051(l)(h) tolls the statute of limitations during “[t]he minority . . .
. . . As the first sentence of section 95.051(1) makes clear, the legislature is delineating a rule of tolling . . . To the extent that the appellees argue the last sentence of section 95.051(l)(i) (formerly section 95.051 . . . we deem the argument to lack merit because after enacting the statute of repose provision in section 95.051 . . . the time of abuse, the legislature clearly did not intend for the statute of repose bar in section 95.051 . . . Thus, we conclude the statute of repose in section 95.051(l)(i) does not bar her action on our review . . .
. . . . § 95.051. . . .
. . . Section ,95.051(2) limits statute of limitations tolling to the reasons specified in section ,95.051( . . . , 906 So.2d 1094, 1100-01 (Fla. 2d DCA 2004) (providing that the legislature’s enactment of section 95.051 . . .
. . . Stat. (2009) ("Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, . . .
. . . “Except as provided in subsection (2) [fraud and products liability] and in s. 95.051 [tolling] and elsewhere . . .
. . . .); tolling exceptions provided in section 95.051(l)(a)-(i), Florida Statutes (2013); and “elsewhere . . .
. . . . § 95.051. Neither delayed discovery nor equitable tolling applies. In re Wiand, 2008 U.S. Dist. . . .
. . . These cases base their reasoning on Florida Statutes section 95.051, which provides that “[t]he running . . . Stat. § 95.051(1). . . . Id. § 95.051(2). . . .
. . . case, which the Court addresses (and dismisses) below, but regardless of that, Florida Statute section 95.051 . . . Defendants respond that a different Florida statute, Section 95.051(1), provides an exclusive list of . . . Defendants are right that Section 95.051(1) provides an exclusive list of Floridian tolling doctrines . . . S.A.P., 835 So.2d 1091, 1095-96 & n. 7 (Fla.2002) (affirming that Section 95.051 is exclusive, but distinguishing . . .
. . . . § 95.051 lists the bases for tolling statutes of limitations in Florida, including the limitations . . . Stat. § 95.051; however the court subsequently withdrew that opinion. See Fulton County Admin. v. . . . Stat. § 95.051). . . . .
. . . . § 95.051. . . . Ann. § 95.051. AFFIRMED. . . .
. . . The legislative intent expressed in Section 95.051 lent further support to that conclusion, as 95.051 . . . Furthermore 95.051(2) expressly precludes use of any tolling provision not listed. See id. . . .
. . . . § 95.051(2) (“A disability or other reason does not toll the running of any statute of limitations . . .
. . . . § 95.051, Fla. Stat. (2011). . . .
. . . See § 95.051(2), Fla. . . . the Second District, the rule in Dupont was superseded by the Legislature’s 1974 adoption of section 95.051 . . .
. . . Stat: § 95.051(2) (2012) (“A disability or other reason does not toll the running of any statute of limitations . . .
. . . . § 95.051. The statutory tolling list is exhaustive, see Fla. . . . . § 95.051(2); Major League Baseball v. . . .
. . . Section 95.051(l)(b), Florida Statutes (2003), provides that the “running of the time under any statute . . . The phrase “that is unknown to the person entitled to sue” modifies the word “use” in section 95.051( . . . tortfeasor’s fraudulent concealment of his identity will not toll the statute of limitations under section 95.051 . . .
. . . . § 95.051(l)(d), (h) (2011). . . . Stat. § 95.051(l)(d), (h) (2011). . . . Stat. § 95.051(l)(d), (h) (2011). . . .
. . . . § 95.051, but that list is exhaustive, id. § 95.051(2); Hearndon v. . . . Stat. § 95.051).) Mrs. . . . 790 So.2d 1071, 1075 (Fla.2001) and explained: The [Florida Supreme Court] held that although section 95.051 . . . statute of limitations, it must be included in the exclusive list of conditions set forth in section 95.051 . . . Stat. § 95.051, but that list is exhaustive, id. § 95.051(2); Hearndon v. . . .
. . . Further, we fail to find any exception under section 95.051 that would toll the statute of limitations . . .
. . . . § 95.051 sets forth eight situations sufficient to toll a limitations period, none of which are applicable . . .
. . . Lewis argues that the district court erred in finding that Florida’s tolling statute, Florida Statute § 95.051 . . . Stat. § 95.051 tolled the limitations period. . . .
. . . Supreme Court itself in Hearndon specifically declaring that by enumerating eight grounds in section 95.051 . . .
. . . Section 95.051, Florida Statutes, enumerates eight specific grounds for tolling limitations periods. . . .
. . . . § 95.051. . . .
. . . Appellants concede on appeal that them claims are time-barred unless tolled by section 95.051(l)(f). . . . Appellants counter that section 95.051(l)(f) refers to the tolling of “any statute of limitation” and . . . First, if, as Appellants argue, making payments was sufficient under section 95.051(1)(f) to toll the . . . To the contrary, the cases construing section 95.051(1)(f) hold that the statute merely codified the . . . This is a complete misapplication of the part-payment tolling provision in section 95.051(l)(f). . . . In 1974, however, the legislature enacted section 95.051, Florida Statutes, which provided for a set . . . “In 1975, the legislature added section 95.051(l)(f), which provided that the running of time was tolled . . . Under the provisions of § 95.051(l)(f), the only act which would toll the time for the running of the . . . the payment of any part of the principal or interest, since any contrary case law was superseded by § 95.051 . . . respect to claims brought by creditors, the eases giving rise to this concept were superseded by section 95.051 . . .
. . . . § 95.051. . . .
. . . Citing the tolling statute, section 95.051, Florida Statutes (2005), the trial court dismissed those . . .
. . . statute of limitations founders not only on our decision in Kelley but also on the text of section 95.051 . . . Section 95.051(1) contains a list of specific circumstances in which the running of the time under statutes . . . Section 95.051(2) provides that “[n]o disability or other reason shall toll the running of any statute . . .
. . . . § 95.051; see also Chappell, 340 F.3d at 1283; Justice v. . . .
. . . . § 95.051. Id. at 535-36. . . .
. . . . § 95.051, but that list is exhaustive, id. § 95.051(2); Hearndon v. . . .
. . . limitations was tolled by “the sale of the collateral and resulting partial payment,” under section 95.051 . . .
. . . of the statutorily authorized grounds for tolling a limitation period. 767 So.2d at 1185; see also § 95.051 . . .
. . . statutory tolling exceptions to the statutes of limitations applicable to civil actions found in section 95.051 . . . Having held that the plaintiff bears the burden of proving tolling exceptions contained in section 95.051 . . .
. . . Section 95.051, Florida Statutes (2006), enumerated eight different, specific grounds for tolling limitation . . . Lobo De Gonzalez, 841 So.2d 510 (Fla. 4th DCA 2003), the court held that section 95.051, did not abrogate . . . Supreme Court itself in Heamdon specifically declaring that by enumerating eight grounds in section 95.051 . . .
. . . See § 95.051(f), Fla. Stat. (2003). On that analysis, the lawsuit was timely filed. . . .
. . . . § 95.051 (West 1990). . . .
. . . . § 95.051. . . .
. . . when ABC’s causes of actions accrued nor does Centimark take into account the provision of section 95.051 . . .
. . . See § 95.051(a), Fla. Stat. (2007). . . .
. . . . § 95.051 (l)(a) or for tolling of the statute of limitations under equitable principles is not appropriate . . .
. . . a statutory cause of action, but held that the part payment tolling exception contained in section 95.051 . . . Section 95.051, entitled “[w]hen limitations tolled,” provides in pertinent part: (1) The running of . . . necessarily based on a “written instrument,” i.e. the RSIC, and, consequently, the tolling provision of § 95.051 . . . finance agreement thus did not operate to toll the statute of limitation period pursuant to section 95.051 . . . This is a complete misapplication of the part-payment tolling provision in section 95.051(1)(f). . . .
. . . . § 95.051(1)(d) & (h). . . .
. . . . § 95.051(1)(a)(2003); Mass. Gen. Laws ch. 260 § 9; S.C.Code Ann. § 15-3-30. . . . . Ann. § 95.051(l)(h) (stating that the tolling provisions "shall not apply if service of process ... can . . .
. . . . § 95.051(1). . . . Stat. § 95.051(2) (emphasis added). . . . statute of limitations, it must be included in the exclusive list of conditions set forth in section 95.051 . . .
. . . Cadle argued that the five-year period set forth in section 95.11(2)(b) had been tolled by section 95.051 . . . Prior to the 1974 enactment of section 95.051, Florida Statutes, Florida law had long recognized that . . . This exception was apparently eliminated in 1974, when the legislature enacted section 95.051, which . . . Section 95.051(l)(f), the tolling provision involved in this case, was added by the legislature in 1975 . . . with this viewpoint, the cases that have considered this issue to date indicate that under section 95.051 . . .
. . . We held that section 95.051, Florida Statutes (1993), which delineates the circumstances that can “toll . . .
. . . . § 95.051, Fla. . . .
. . . In the present case, not only does the plain language of section 95.051 not expressly change the common . . . This is true even subsequent to the 1975 enactment of subsection (2) of section 95.051, which states . . .
. . . . § 95.051. See Hearndon v. . . . , 767 So.2d 1179 (Fla.2000) (declining to create additional tolling exceptions to those listed in § 95.051 . . . Section 95.051 does not provide for tolling in the instant wrongful death causes of action. . . .
. . . Section 95.051(l)(g), Florida Statutes (2004), provides that the statute of limitations is tolled by . . . Based upon the plain meaning of section 95.051(l)(g), there was no tolling of the statute of limitations . . . Therefore, section 95.051(l)(g) does not operate to toll the applicable statute of limitations, and Plaintiffs . . .
. . . HB 43 contained a proposal to amend section 95.051, Florida Statutes to toll the' statute of limitations . . .
. . . Section 95.051, Florida Statutes (2002), sets forth the times when the limitations period under section . . .
. . . Section 95.051(1) enumerates eight circumstances under which the running of the time under any statute . . . The court also noted that section 95.051(2) specifically precludes application of any tolling provision . . . Morsani, 790 So.2d 1071, 1075 (Fla.2001), the supreme court once again addressed section 95.051 when . . . The court held that although section 95.051(1) “delineates an exclusive list of conditions that can ‘ . . . Section 95.051(1) contains exceptions to these tolling provisions that are not relevant here. . . . .
. . . Section 95.051(1), Florida Statutes (1998), provides when the running of the statute of limitations may . . . Even in the provisions of F.S. s 95.051, enacted after the events involved in this case, the Legislature . . . that fraudulent concealment of the identity of a wrongdoer did not toll the statute because section 95.051 . . . did not contain such a provision, and section 95.051(2) specifically provides that “ ‘No disability . . . While acknowledging that the reasons for tolling the statute set forth in section 95.051 were a legislatively . . .
. . . See § 95.051(2), Fla. . . .
. . . See and compare §§ 95.051, 95.11(3), Fla. Stat. (2001); Davis v. . . .
. . . , the trial court granted a summary judgment in favor of Major League Baseball holding that section 95.051 . . . second district certified to our supreme court as a question of great public importance whether section 95.051 . . . reason shall toll the running of any statute of limitation except those specified in this section....” § 95.051 . . .
. . . acting on her behalf, no friend or guardian, who could have filed suit on her behalf’; and (3) section 95.051 . . . specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law. § 95.051 . . . Because fraudulent concealment is not one of the exceptions listed in section 95.051(2), this provision . . . the district court’s decision on this issue must be quashed because it is in conflict with sections 95.051 . . . First, section 95.051(2) specifically prohibits tolling for any statute of limitations except as specified . . . Morsani 790 So.2d 1071 (Fla.2001), addressed the question of whether the tolling proscription in section 95.051 . . . estoppel “are as different as apples and oranges,” and held that the tolling proscription in section 95.051 . . . Section 95.051 sets forth an exclusive list of conditions that can "toll” the running of the statute . . . See § 95.051, Fla. Stat. (1995). . See § 95.11, Fla. Stat (1995). . . . . This is true even subsequent to the 1975 enactment of subsection (2) of section 95.051 which states that . . . bar to a statute of limitations defense both prior to the passage of the tolling provision in section 95.051 . . .
. . . . — Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, the time within . . .
. . . the general rule in Florida, which we apply in this case, is that the tolling provisions of section 95.051 . . . Section 95.051 provides: (1) The running of the time under any statute of limitations except ss. 95.281 . . . ’s statute of limitations for Florida judgments because Florida’s statute is also twenty years. . § 95.051 . . .
. . . Appellees argue that under section 95.051(l)(f), Florida Statutes, the statute of limitation was tolled . . . Section 95.051(l)(f) provides: (1) The running of the time under any statute of limitations except ss . . . Estate of Cooke, 432 So.2d 778 (Fla. 1st DCA 1983), the court stated: In 1975 the legislature added § 95.051 . . . Under the provisions of § 95.051(l)(f), the only act which would toll the time for the running of the . . . the payment of any part of the principal or interest, since any contrary case law was superseded by § 95.051 . . .
. . . Benfield contends the action on the promissory note was timely because of the tolling provision in section 95.051 . . . The applicable portions of section 95.051(1) state: “The running of the time under any statute of limitations . . . We conclude that section 95.051(1)® is applicable and that partial payments tolled the limitations period . . . Section 95.051(1)® applies equally to promissory notes, with or without acceleration clauses. . . .
. . . .2d 610 (Fla. 2d DCA 1999), wherein the district court certified the following question: Does section 95.051 . . . The trial court found that section 95.051, Florida Statutes (1993), which enumerates the eight specific . . . Section 95.051 delineates an exclusive list of conditions that can “toll” the running of the statute . . . The Court recently explained that use of the term “toll” in section 95.051 is synonymous with “suspend . . . Moseley, 2 Fla. 171 (1848). . § 95.051(2), Fla. Stat. (1991) (emphasis added). . See State v. . . .
. . . The court observed that in section 95.051, Florida Statutes (1987), the legislature limited the circumstances . . .
. . . See § 95.051, Fla. Stat. (1987). . . . See § 95.051(1), Fla. Stat. (1987). . . . See § 95.051(2), Fla. Stat. (1987). . . .
. . . For example, section 95.051, Florida Statutes (1997), provides generally for the tolling of statutory . . . defendant had accepted a demand for arbitration thereby suspending the statute of limitations under section 95.051 . . .
. . . Permenter does not suggest that any of the tolling provisions in section 95.051, Florida Statutes (1991 . . . attention to a concept of “tolling” rather than when an action is “commenced” and, therefore, found section 95.051 . . .
. . . See § 95.051(l)(f), Fla. Stat. (1990). See Chaplin v. . . . See § 95.051(l)(f). Therefore, based on the allegations, the cause of action against Mrs. . . .
. . . courts are constrained to hon- or the statutory bar except for those circumstances enumerated in § 95.051 . . .
. . . . § 95.051(1)©) (statute of limitations for action on written instrument is tolled by the “payment of . . .
. . . See § 95.051(1)(b)-(c), Fla. Stat. (1975). . . . Moreover, in section 95.051(2), the legislature stated, ‘No disability or other reason shall toll the . . . See § 95.051(2), Fla. Stat. (1985). . . . See § 95.051(2), Fla. Stat. (1985). . . . Section 95.051, Fla. . . .
. . . The trial court found that section 95.051, Florida Statutes (1993), which enumerates the eight specific . . . In Sullivan, the district court of appeal held that section 95.051 precludes the tolling of the statute . . . The supreme court agreed and reasoned that the legislative intent of section 95.051 sought to exclude . . . That court concluded that the two concepts are different and that section 95.051 has ho bearing on the . . . In Heamdon, the court held that the defense of delayed discovery was precluded by section 95.051. . . .
. . . For example, section 95.051 is titled "[wjhen limitations tolled.” . . . .” § 95.051(1)(d),(h), Fla. Stat. (1997). . . .
. . . Balkany’s argument that Florida’s general statute of limitation tolling provisions, set forth in section 95.051 . . . prevent a person from exercising a legal remedy, including bankruptcy proceedings _ Further, section 95.051 . . . However, in relying so heavily on section 95.051 and the Swartzman decision, Balkany fails to recognize . . .
. . . See Fla.Stat. § 95.051. . . . Florida Statute § 95.051 addresses the issue of tolling statutes of limitation, while federal judge-made . . . Florida Statute § 95.051 does not permit tolling of statutes of limitation for any reason, other than . . . See Fla.Stat. § 95.051; Sullivan, 22 Fla.L. Weekly S578, — So.2d -. . . . Plaintiffs claims are not tolled under Florida Statute § 95.051. . . .
. . . . — Except as provided in subsection 95.051(2) and elsewhere in these statutes, the time within which . . .
. . . Permenter does not suggest that any of the tolling provisions in section 95.051, Florida Statutes (1991 . . .
. . . The Sullivan court ruled that, because section 95.051(2), Florida Statutes (1985) “specifically precludes . . . the accrual of the cause of action, then the legislative preclusion on tolling set forth in section 95.051 . . . Although Sullivan holds that section 95.051(2) precludes the judicial recognition of a “tolling provision . . .
. . . the appellee’s argument that any change in this rule has been effected by the enactment of section 95.051 . . .
. . . statute of limitations by any statement, writing, or part payment by the Debtor pursuant to Fla.Stat. ch. 95.051 . . .
. . . the only acts or circumstances that will toll a limitations period are those enumerated in section 95.051 . . .
. . . Section 95.051(l)(h) Not Applicable Finally, we cannot agree with the trial court that, on the facts . . . alleged in this complaint, section 95.051(l)(h), Florida Statutes (1993), mandates that S.AP. must have . . . In section 95.051(l)(h), the legislature also established a seven-year period of repose for actions to . . . The 1990 law which added subsection (1)(h) to section 95.051, however, expressly applies only “to causes . . . 1095 (Fla. 2d DCA 1995), the trial court erred in dismissing the instant action based upon the section 95.051 . . .
. . . First, the court reasoned that, because Florida’s tolling statute, Section 95.051, Florida Statutes, . . .
. . . See § 95.051, Fla. Stat (1989). . The bus ticket was designated “Contract.” 369 So.2d at 419. . . .
. . . .” § 95.051(2), Fla. Stat. (1993). . . . Section 95.051, Florida Statutes (1993), provides circumstances that toll the statute of limitations, . . . See § 95.051(l)(b), (c), Fla. Stat. (1993). Mr. . . .
. . . . § 95.051(l)(a), Fla.Stat. (1993). . . .
. . . See § 95.051, Fla.Stat. (1991). . . .
. . . . § 95.051(f). . . .