Legal Opinion

S.A.P. v. State, Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Decided September 3, 1997No. 96-2375PublishedCited by 15 opinions

1Opinion of the Court

VAN NORTWICK, Judge.

S.A.P. appeals a final order which dismissed with prejudice her second amended complaint against appellee, State of Florida Department of Health and Rehabilitative Services (HRS), based upon the application of the statute of limitations, section 768.28(12), Florida Statutes (1993). This section provides, with certain exceptions not applicable here, that a claim against the state must be brought within four years after such claim accrues. S.A.P. argues, and we agree, that because her complaint sufficiently alleges factual bases for tolling the statute, it cannot be said…

2Cases cited7 opinions

  1. Nardone v. ReynoldsSupreme Court of Florida · 1976
  2. Tanner v. HartogSupreme Court of Florida · 1993
  3. Berisford v. Jack Eckerd Corp.District Court of Appeal of Florida · 1995
  4. Drake ex rel. Fletcher v. Island Community Church, Inc.District Court of Appeal of Florida · 1984
  5. Hanano v. PetrouDistrict Court of Appeal of Florida · 1996

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Florida Department of Health & Rehabilitative Services v. S.A.P.Supreme Court of Florida · 2002
  2. D.H. v. Adept Community Services, Inc.Supreme Court of Florida · 2018
  3. Fariello v. GavinDistrict Court of Appeal of Florida · 2004
  4. McGraw v. R and R Investments, Ltd.District Court of Appeal of Florida · 2004
  5. Smith v. RaineyDistrict Court, M.D. Florida · 2010

10 more not listed; retrieve them via the Exa API.

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