two-year rule (Florida) · Go Syfert
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two-year rule in Florida

22 Florida opinions name it 2 courts 1941–2018 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
State v. Boydgreen
fla · 2003 · cited in 2 Florida opinions naming this issue, 2013–2013
2 sentences

2013A postconviction court may, under rule 3.050, extend the two-year rule 3.050 deadline “for good cause shown.” State v. Boyd, 846 So.2d 458, 460 (Fla.2003) (quoting Fla. R.Crim.

2013See Petit- Frere v. State, 108 So.3d 681, 683 (Fla. 2d DCA 2013) ("A postconviction court may, under rule 3.050, extend the two-year rule 3.850 deadline 'for good cause shown.’ ” (quoting State v. Boyd, 846 So.2d 458, 460 (FIa.2003))); see also Manning v. State, 28 So.3d 971, 973 (Fla. 2d DCA 2010) ("[W]e hold that when a motion for extension to Hie a postconviction motion is denied, the defendant should not appeal that order, but should instead file the intended motion as soon as possible, alleging the grounds for the motion to the best of the defendant’s ability and further alleging the reas

22
Bice v. City of Haines Citygreen
fla · 1940 · cited in 2 Florida opinions naming this issue, 1941–1941
2 sentences

1941See Bice v. City of Haines City, 142 Fla. 371 , 195 So. 919 .

1941See Bice v. City of Haines City, 142 Fla. 371 , 195 So. 919 .

22
Holloway v. Stategreen
fladistctapp · 2015 · cited in 2 Florida opinions naming this issue, 2015–2018
2 sentences

2018Id. at 151 (quoting Scott v. State, 629 So. 2d 888, 890 (Fla. 4th DCA 1993)) (emphasis added).

2015Holloway v. State, 160 So.3d 149, 151 (Fla. 3d DCA 2015).

12
Scott v. Stategreen
fladistctapp · 1993 · cited in 2 Florida opinions naming this issue, 2015–2018
2 sentences

2018Id. at 151 (quoting Scott v. State, 629 So. 2d 888, 890 (Fla. 4th DCA 1993)) (emphasis added).

2015Id.

12
Parker v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013P. 3.050) (concerning motions for extension of time filed before a deadline under rule 3.050); see also Parker v. State, 907 So.2d 694, 695 (Fla. 4th DCA 2005) (allowing motions for enlargement of time to be filed after the rule 3.850 deadline in accordance with rule 3.050, which requires the movant to demonstrate excusable neglect); Suarez v. State, 8 So.3d 1226, 1226 (Fla. 3d DCA 2009) (same). 2 We therefore reverse and remand for the postconviction court to consider Petit-Frere’s motion filed February 20, 2012, under rule 3.050.

11
Manning v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See Petit- Frere v. State, 108 So.3d 681, 683 (Fla. 2d DCA 2013) ("A postconviction court may, under rule 3.050, extend the two-year rule 3.850 deadline 'for good cause shown.’ ” (quoting State v. Boyd, 846 So.2d 458, 460 (FIa.2003))); see also Manning v. State, 28 So.3d 971, 973 (Fla. 2d DCA 2010) ("[W]e hold that when a motion for extension to Hie a postconviction motion is denied, the defendant should not appeal that order, but should instead file the intended motion as soon as possible, alleging the grounds for the motion to the best of the defendant’s ability and further alleging the reas

11
Suarez v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013P. 3.050) (concerning motions for extension of time filed before a deadline under rule 3.050); see also Parker v. State, 907 So.2d 694, 695 (Fla. 4th DCA 2005) (allowing motions for enlargement of time to be filed after the rule 3.850 deadline in accordance with rule 3.050, which requires the movant to demonstrate excusable neglect); Suarez v. State, 8 So.3d 1226, 1226 (Fla. 3d DCA 2009) (same). 2 We therefore reverse and remand for the postconviction court to consider Petit-Frere’s motion filed February 20, 2012, under rule 3.050.

11
Petit-Frere v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See Petit- Frere v. State, 108 So.3d 681, 683 (Fla. 2d DCA 2013) ("A postconviction court may, under rule 3.050, extend the two-year rule 3.850 deadline 'for good cause shown.’ ” (quoting State v. Boyd, 846 So.2d 458, 460 (FIa.2003))); see also Manning v. State, 28 So.3d 971, 973 (Fla. 2d DCA 2010) ("[W]e hold that when a motion for extension to Hie a postconviction motion is denied, the defendant should not appeal that order, but should instead file the intended motion as soon as possible, alleging the grounds for the motion to the best of the defendant’s ability and further alleging the reas

11
DeMario v. Franklin Mortg. & Inv. Co.green
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012In that case, the Fourth District specifically held that the initial period during which any such proceeds are held by the Clerk “cannot be interpreted as imposing a ninety day claims bar for persons otherwise entitled to distribution of surplus tax proceeds,” and that “[t]he only statutory limit for making claim to the excess funds is the two-year bar found in section 197.582.” 4 Id. at 213-14 (citations omitted).

11
Bradford v. Stategreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See Harris v. State, 826 So.2d 340 (Fla. 2d DCA 2002); Beard v. State, 827 So.2d 1021 (Fla. 2d DCA 2002); Bradford v. State, 701 So.2d 899, 900 (Fla. 4th DCA 1997).

11
Harris v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See Harris v. State, 826 So.2d 340 (Fla. 2d DCA 2002); Beard v. State, 827 So.2d 1021 (Fla. 2d DCA 2002); Bradford v. State, 701 So.2d 899, 900 (Fla. 4th DCA 1997).

11
Rogers v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003See Rogers v. State, 782 So.2d 373 , 376 n. 7 (Fla.2001) (holding in part that the two-year limitation does not preclude enlargement of issues in a timely filed initial motion for postconviction relief); Brown v. State, 596 So.2d 1026, 1027 (Fla.1992) (holding that the two-year limitation for filing a motion to vacate does not preclude the enlargement of issues raised in a timely filed motion for postconviction relief); Graham v. State, 846 So.2d 617, 618 (Fla. 2d DCA 2003) (holding that a timely filed rule 3.850 motion, prior to its disposition, may be amended even after the two-year period f

11
Brown v. Stategreen
fla · 1992 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003See Rogers v. State, 782 So.2d 373 , 376 n. 7 (Fla.2001) (holding in part that the two-year limitation does not preclude enlargement of issues in a timely filed initial motion for postconviction relief); Brown v. State, 596 So.2d 1026, 1027 (Fla.1992) (holding that the two-year limitation for filing a motion to vacate does not preclude the enlargement of issues raised in a timely filed motion for postconviction relief); Graham v. State, 846 So.2d 617, 618 (Fla. 2d DCA 2003) (holding that a timely filed rule 3.850 motion, prior to its disposition, may be amended even after the two-year period f

11
Graham v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003See Rogers v. State, 782 So.2d 373 , 376 n. 7 (Fla.2001) (holding in part that the two-year limitation does not preclude enlargement of issues in a timely filed initial motion for postconviction relief); Brown v. State, 596 So.2d 1026, 1027 (Fla.1992) (holding that the two-year limitation for filing a motion to vacate does not preclude the enlargement of issues raised in a timely filed motion for postconviction relief); Graham v. State, 846 So.2d 617, 618 (Fla. 2d DCA 2003) (holding that a timely filed rule 3.850 motion, prior to its disposition, may be amended even after the two-year period f

11
Florida Bar re Amendment to Rules of Criminal Proceduregreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998See id.

11
Chemstrand Co. v. Enfingergreen
fla · 1970 · cited in 1 Florida opinions naming this issue, 1995–1995
1 sentence

1995See also, Chemstrand Co. v. Enfinger, 231 So.2d 816 (Fla.1970); Davis v. Kyle, 529 So.2d 1240 (Fla. 1st DCA 1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Orleans Parish School Board v. Lexington Insurance Co. green
lactapp · 2013
2 sentences

2014Id. at 1219-23 .

2014Id. at 1219 .

12014–2014
Timmeny v. Tropical Botanicals Corp. green
fladistctapp · 1993
1 sentence

2012Id. at 814 .

12012–2012
Beard v. State green
fladistctapp · 2002
1 sentence

2011See Harris v. State, 826 So.2d 340 (Fla. 2d DCA 2002); Beard v. State, 827 So.2d 1021 (Fla. 2d DCA 2002); Bradford v. State, 701 So.2d 899, 900 (Fla. 4th DCA 1997).

12011–2011
Spera v. State green
fla · 2007
1 sentence

2009We note that if O’Neill refiles his motion and is successfully able to assert an exception to the two-year requirement, the postconvietion court should consider his claims in light of Spera v. State, 971 So.2d 754 (Fla.2007), of which the postconviction court did not have the benefit at the time it initially denied three of O’Neill’s claims as facially insufficient.

12009–2009
State v. Oehling green
fladistctapp · 1999
1 sentence

2002State v. Oehling, 750 So.2d 109 (Fla. 5th DCA 1999).

12002–2002
Wood v. State green
fla · 1999
1 sentence

2001The court did not consider appellant's claim that he qualified for the exception to the two year rule set forth in Wood v. State, 750 So.2d 592 (Fla.1999).

12001–2001
Humana Medical Plan, Inc. v. Estate of Durant neutral
fladistctapp · 1995
1 sentence

2001Appellant argues that there are exceptions to the two year bar, citing Humana Medical Plan, Inc. v. Estate of Durant, 650 So.2d 201 (Fla. 4th DCA 1995).

12001–2001
Mengore v. State neutral
fladistctapp · 1998
1 sentence

2001We must affirm because the motion and supporting memorandum of law contained a defective verification clause that said *402 that the facts were "true and correct to the best of my knowledge and belief ." See Mengore v. State, 718 So.2d 368 (Fla. 4th DCA 1998).

12001–2001
Kush v. Lloyd green
fla · 1992
1 sentence

1999Under the test announced in Kush v. Lloyd, 616 So.2d 415 (Fla.1992), section 733.710 constitutes a non-claim statute or a "statute of repose." This is because section 733.702(5) expressly prohibits any court from granting an extension of the time to file a claim against the decedent's estate on any grounds including fraud, estoppel or insufficient notice of the claim beyond two years following the death of the decedent. § 733.710(1), Fla. Stat. In other words, the two-year rule is an absolute bar to the filing of any creditor's claim, whether or not the estate was probated.

11999–1999
Gust v. State green
fladistctapp · 1988
1 sentence

1997Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988) (holding that the two-year rule 3.850 filing window runs from the expiration of defendant’s thirty-day appeal period, despite that defendant did not appeal).

11997–1997
State v. Callaway green
fla · 1995
1 sentence

1996I respectfully disagree with the majority because neither Davis , nor State v. Callaway, 658 So.2d 983 (Fla.1995), which cites Davis and was decided on the same day, compels or permits the result reached in this case.

11996–1996
Davis v. State green
fla · 1995
1 sentence

1996Based upon what is said to be the "plain language" of Davis v. State, 661 So.2d 1193 (Fla.1995), the majority holds that, because the two-year rule 3.850 period has expired, all constitutional challenges to Jefferson's sentence have been lost, and he may only be heard to complain that his sentence exceeds the statutory maximum for the third degree felonies of which he stands convicted.

11996–1996
Davis v. Kyle neutral
fladistctapp · 1988
1 sentence

1995See also, Chemstrand Co. v. Enfinger, 231 So.2d 816 (Fla.1970); Davis v. Kyle, 529 So.2d 1240 (Fla. 1st DCA 1988).

11995–1995
Hardee County Plumbing v. Heflin neutral
fladistctapp · 1990
1 sentence

1995In Hardee County Plumbing v. Heflin, 567 So.2d 995 (Fla. 1st DCA 1990), we held that the two-year bar of the statute of limitations applies unless the employer intended, or the employee reasonably believed that the employer intended, to pay wages in lieu of workers’ compensation benefits.

11995–1995
Adams v. State green
fla · 1989
11991–1991

Where else courts name it

FL 22 (1941–2018) NJ 13 (1980–2021) CA 13 (1973–2024) IL 10 (1953–2013) TX 9 (1969–2023) PA 8 (1942–2009) MA 7 (1982–2019) OH 7 (1984–2006) WV 5 (1982–2025) NY 4 (1963–2014) MD 4 (1997–2021) VA 4 (1976–2007) MI 3 (1994–2025) ME 2 (1985–2014) WA 2 (1957–2018) ID 2 (2014–2014) IN 2 (1990–1992) AL 2 (1925–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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