Question 1

What is tolling of the statute of limitations in Florida?

Accepted Answer

Tolling: the suspension or pausing of the statute of limitations period. When tolled: the limitation clock stops running; when the tolling event ends: the clock resumes. In Florida: tolling occurs when: the defendant is absent from the state (Section 95.051(1)(a): the limitation is tolled while the defendant is out of FL), the plaintiff is under a legal disability (Section 95.051(1)(b): minority or incompetency), and the defendant conceals the cause of action (the discovery rule: the limitation begins when the plaintiff discovers or should have discovered the claim).

Question 2

What are the common tolling grounds in Florida?

Accepted Answer

Grounds: absence from state (Section 95.051(1)(a): if the defendant leaves FL: the limitation is tolled during the absence), minority (Section 95.051(1)(b): if the plaintiff is under 18: the limitation is tolled until the plaintiff turns 18), incompetency (Section 95.051(1)(b): if the plaintiff is legally incompetent: the limitation is tolled during the incompetency), fraudulent concealment (if the defendant actively conceals the cause of action: the limitation does not begin until the plaintiff discovers or should have discovered the claim), and contractual tolling (the parties agree in writing to extend the limitation period; subject to reasonableness).

Question 3

How does tolling affect Florida real estate litigation?

Accepted Answer

RE litigation: construction defects (Section 95.11(3)(c): 4-year limitation; the discovery rule may toll the limitation if the defect was latent and not discoverable through reasonable inspection; Section 95.11(3)(c) also has a 10-year statute of repose), title disputes (the limitation for quiet title actions may be tolled if the adverse claim was concealed), fraud (Section 95.031(2)(a): the limitation for fraud is 4 years from discovery), and breach of contract (Section 95.11(2)(b): 5-year limitation; tolled if the defendant is absent from FL). Tolling: can significantly extend the time to file a lawsuit.

Tolling Statute Limitations Suspension

Tolling Statute of Limitations in Florida

Tolling Grounds

RE Impact

Effect

Related Terms

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