Halveland v. Florida Department of Corrections

After inmate Michael Halveland died, his estate via his mother brought a wrongful death action against the Department of Corrections. The estate challenges the trial court’s ruling, which dismissed the action as time-barred based on this Court’s decision in Green v. Cottrell, 172 So.3d 1009, 1011 (Fla. 1st DCA 2015), which held that *1038the one-year statute of limitations for prisoners bringing suit under , section 95.11(5)(g) applied, as opposed to section 768.28(14)), Florida Statutes. Our decision was recently reversed in Green v. Cottrell, 204 So.3d 22 (Fla. 2016), the supreme court holding…