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ProveMyFloridaCase.com > Posts tagged "statute of limitations"

Statute of Limitations Accrual for Breach of Contract

A claim must be filed within the applicable statute of limitations.  A person or entity that believes they have a claim needs to consult with counsel regarding the statute of limitations associated with their claim. A claim filed outside of the statute of limitations is time-barred.  This should be avoided in all circumstances.  A key is always when does the statute of limitations accrue with respect to a claim.  Accrual is tied to when the last element of a cause of action occurs.  See Fla. Stat. s. 95.031.  The time starts to tick when a claim accrues. When it comes to a...

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Amended Complaints and the “Relation Back” Doctrine

There is a doctrine known as the “relation back” doctrine that refers to amended complaints and the statute of limitations.  Assume an original complaint was filed within the applicable statute of limitations.  Assume after the statute of limitations expired, an amended complaint is asserted with new claims.  Do the new claims in the amended complaint RELATE BACK to the original complaint so that the new claims are deemed filed within the statute of limitations?  The recent opinion in Mitchell v. Applebee’s Services, Inc., 44 Fla. L. Weekly D2443a (Fla. 1st DCA 2019) explains Florida’s liberal policy in answering this question: Whether...

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