Florida Statute 95.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.051

95.051 When limitations tolled.—

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.

(b) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued.

(d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

(e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.

(f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument.

(g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action.

(h) The period of an intervening bankruptcy tolls the expiration period of a tax certificate under s. 197.482 and any proceeding or process under chapter 197.

(i) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within 30 days after the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108(c).

(2) A disability or other reason does not toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.

History.—s. 16, Nov. 10, 1828; ss. 14, 17, ch. 1869, 1872; RS 1284, 1285; GS 1715, 1716; RGS 2928, 2929; CGL 4648, 4649; s. 4, ch. 74-382; s. 2, ch. 75-234; s. 1, ch. 77-174; s. 3, ch. 86-266; s. 1, ch. 89-26; s. 1, ch. 90-105; s. 519, ch. 95-147; s. 1, ch. 2011-151.

Note.—Former ss. 95.05, 95.07.

F.S. 95.051 on Google Scholar

F.S. 95.051 on Casetext

Amendments to 95.051

Arrestable Offenses / Crimes under Fla. Stat. 95.051

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.051.

Annotations, Discussions, Cases:

Cases Citing Statute 95.051

Total Results: 20

Mark Kinchla, Individually and Mark 48, LLC v. Ran Investments, LLC, Kilgore Properties, LLC, Nanlann, Inc., Robert Pola, Newton Corner Condominium

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, the time within…circumstances that toll a statute of limitations. See § 95.051, Fla. Stat. (2007).3 Nanlann agrees that…does not contend that section 95.031(2), section 95.051, or any other statute altered when the cause of

R.R. v. New Life Community Church of CMA, Inc.

Court: Fla. | Date Filed: 2020-10-01T00:53:00-07:00

Snippet: . 2d at 1185 (emphasis added). Section 95.051(1)(i), Florida Statutes (2019), provides: …their claims qualify for tolling under section 95.051(1)(i). Notwithstanding these statutory provisions… - 12 - 95.051(1)(i))—not from a judge-made delayed accrual rule… for minors, not a delayed accrual rule. See § 95.051(1)(i). And the specific rule it adopted tied tolling…concept is clearly reflected in the text of section 95.051(1)(i), which refers to the “minority” of “the

SOUTHERN SPECIALTIES, INC. v. FARMHOUSE TOMATOES, INC

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-20T23:53:00-08:00

Snippet: the statute of limitations pursuant to section 95.051(1)(f), Florida Statutes. Farmhouse filed an…that the statute was tolled pursuant to section 95.051(1)(f), Florida Statutes, by partial payments on

D.H. v. Adept Community Services, Inc.

Court: Fla. | Date Filed: 2018-11-01T00:00:00-07:00

Citation: 271 So. 3d 870

Snippet: section 95.051(1)(h) is satisfied. B. Issue Preservation The Second District held section 95.051(1)(h) … of section 95.051(1)(h), and the Second District ruled on the merits that section 95.051(1)(h) did not…has not been adjudicated to be incapacitated. § 95.051(1)(h), Fla. Stat. (2006).5 The Twins argued their…irrelevant to the question of tolling because section 95.051(1)(h) does not allow for tolling on the basis that… Twins' claims were not tolled pursuant to 95.051(1)(h), Florida Statutes (2006). Standard of Review

R.R. v. New Life

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-14T00:53:00-07:00

Snippet: to adopt Appellants' argument as to section 95.051(1)(i), Florida Statutes (2011), Appellants'

D.H. Ex Rel. R.H. v. Adept Community Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-05T00:00:00-07:00

Citation: 217 So. 3d 1072

Snippet: tolling for minors' claims provided by section 95.051(1)(h) is inapplicable here. That disposition makes…. See Hearndon, 767 So. 2d at 1185; see also § 95.051. When a tolling statute is applicable, the time…unrepresented minors in specified circumstances. § 95.051(1)(h). After Davis, the relevant question with…the limitations period was tolled under section 95.051(1)(h) continuously from the time their claims accrued…2010 complaint was filed. Section 95.051(1)(h) provides, in relevant part, that the limitations

Doe No. 3 v. Nur-Ul-Islam Academy, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-22T00:00:00-07:00

Citation: 217 So. 3d 85, 2017 WL 1076928, 2017 Fla. App. LEXIS 3777

Snippet: argue the last sentence of section 95.051(l)(i) (formerly section 95.051(l)(h)) creates a statute of repose…good law, because the legislature amended section 95.051, Florida Statutes, in 1990, six years after Drake…occurrence giving rise to the cause of action. § 95.051(l)(h), Fla. Stat. (1990).4 The ap-pellees contend…because the appellees’ argument regarding section 95.051(1), as applied to minors, misses the mark by failing…cause of action. As the first sentence of section 95.051(1) makes clear, the legislature is delineating

Deutsche Bank Trust Company Americas, Etc. v. Beauvais

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-13T00:00:00-07:00

Citation: 188 So. 3d 938, 2016 Fla. App. LEXIS 5584

Snippet: Section ,95.051(2) limits statute of limitations tolling to the reasons specified in section ,95.051(1)(a)…providing that the legislature’s enactment of section 95.051 establishes exclusive list ¡of conditions that

Hummer v. Adams Homes of Northwest Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-26T00:00:00-08:00

Citation: 198 So. 3d 750, 2016 Fla. App. LEXIS 2853, 2016 WL 746423

Snippet: ;Except as provided in subsection (2) and in s. 95.051 and elsewhere in these statutes, the time within

Jax Utilities Management, Inc. v. Hancock Bank, A Foreign Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-10T00:00:00-07:00

Citation: 164 So. 3d 1266

Snippet: subsection (2) [fraud and products liability] and in s. 95.051 [tolling] and elsewhere in these statutes, the

Elaine Hess, etc. v. Philip Morris USA, Inc.

Court: Fla. | Date Filed: 2015-04-02T00:00:00-07:00

Citation: 175 So. 3d 687, 40 Fla. L. Weekly Supp. 188, 2015 Fla. LEXIS 623, 2015 WL 1472319

Snippet: Stat.); tolling exceptions provided in section 95.051(l)(a)-(i), Florida Statutes (2013); and “elsewhere

Rubio v. Archdiocese of Miami, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-17T00:00:00-07:00

Citation: 114 So. 3d 279, 2013 WL 1629222, 2013 Fla. App. LEXIS 6039

Snippet: under the applicable statute of limitations. § 95.051, Fla. Stat. (2011). Rubio seeks to overcome the

Langley Ltd. Partnership v. School Board of Lake County

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-12T00:00:00-07:00

Citation: 113 So. 3d 995, 2013 WL 1482779

Snippet: statute of limitations for its 2010 claims. See § 95.051(2), Fla. Stat. (2011) (“A disability or other reason…superseded by the Legislature’s 1974 adoption of section 95.051, codifying the "specific instances that toll

M.J.O. Holding Corp. v. Heller

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-15T00:00:00-07:00

Citation: 97 So. 3d 864, 2012 WL 3329195, 2012 Fla. App. LEXIS 13547

Snippet: himself as Welt on September 19, 2003. Section 95.051(l)(b), Florida Statutes (2003), provides that the…entitled to sue” modifies the word “use” in section 95.051(l)(b). Thus, it is the use of the false name that…not toll the statute of limitations under section 95.051). Assuming that Heller used a false name at the

Clark v. Estate of Elrod

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-01T00:00:00-07:00

Citation: 61 So. 3d 416, 2011 Fla. App. LEXIS 4498, 2011 WL 1198272

Snippet: Further, we fail to find any exception under section 95.051 that would toll the statute of limitations. Accordingly

Ramirez v. McCravy

Court: Fla. | Date Filed: 2010-05-20T00:00:00-07:00

Citation: 37 So. 3d 240, 35 Fla. L. Weekly Supp. 279, 2010 Fla. LEXIS 797, 2010 WL 1994654

Snippet: declaring that by enumerating eight grounds in section 95.051, the legislature has basically precluded application

McCole v. City of Marathon

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-21T00:00:00-07:00

Citation: 36 So. 3d 750, 2010 Fla. App. LEXIS 5254, 2010 WL 1565466

Snippet: otherwise barred by the statute of limitations. Section 95.051, Florida Statutes, enumerates eight specific grounds

Brown v. Nationscredit Financial Services Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-10T00:00:00-08:00

Citation: 32 So. 3d 661, 2010 Fla. App. LEXIS 2911, 2010 WL 786246

Snippet: running of the statute of limitations under section 95.051(l)(f), Florida Statutes.2 The trial court granted… complaint with prejudice, finding that section 95.051(l)(f) did not toll the running of the statute of…claims are time-barred unless tolled by section 95.051(l)(f). Appellees contend that this statute does…written instrument. Appellants counter that section 95.051(l)(f) refers to the tolling of “any statute of … creditors. Appellants are correct that section 95.051(l)(f) must be given its plain meaning to the extent

Meyer v. Meyer

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-02T00:00:00-08:00

Citation: 25 So. 3d 39, 2009 Fla. App. LEXIS 18400, 2009 WL 4282646

Snippet: performance. Citing the tolling statute, section 95.051, Florida Statutes (2005), the trial court dismissed

Larson & Larson, P.A. v. TSE Industries, Inc.

Court: Fla. | Date Filed: 2009-11-05T00:00:00-08:00

Citation: 22 So. 3d 36, 34 Fla. L. Weekly Supp. 591, 2009 Fla. LEXIS 1868, 2009 WL 3644163

Snippet: decision in Kelley but also on the text of section 95.051, Florida Statutes (2002), which restricts the circumstances… statutes of limitations may be tolled. Section 95.051(1) contains a list of specific circumstances in…ongoing professional-client relationship.) Section 95.051(2) provides that “[n]o disability or other reason