Florida Statutes

Fla. Stat. § 744.394 (2025)

Suspension of statutes of limitations in favor of guardian.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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744.394 Suspension of statutes of limitations in favor of guardian.—If a person entitled to bring an action is declared incapacitated before the expiration of the time limited for the commencement of it and the cause of the action survives, the action may be commenced by the guardian of the property after such expiration and within 1 year from the date of the order appointing the guardian or the time otherwise limited by law, whichever is longer.

History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 65, ch. 89-96; s. 49, ch. 90-271; s. 1098, ch. 97-102.

Note.—Created from former s. 744.62.

Notes of Decisions

Cited in 1 case, 2008–2008 · leading case: Thomas v. Lopez, 982 So. 2d 64 (Fla. 5th DCA 2008).

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Thomas v. Lopez, 982 So. 2d 64 (Fla. 5th DCA 2008). · cites it 2× “That statute allows a guardian to bring an action on behalf of an incapacitated person after the limitations period has expired if (1) the incapacitated person was adjudicated incapacitated before expiration of the period of limitations, and (2) the action is commenced within…”

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