PHILLIP BLACK, P/K/A, MAKUMBA ABDULLAH KUNJUFU, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1995-04-24
No. 94-3315
BOOTH, MINER and BENTON, JJ., concur.
652 So. 2d 1291 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Because appellant’s complaint alleged a tolling of the statute of limitations based on 28 U.S.C. § 1367(d) (Supp.1992), the motion to dismiss based on the statute of limitations claim should have been denied. Truitt v. Metropolitan Mortgage Co., 609 So. 2d 142 (Fla. 4th DCA 1992). We reverse the order of dismissal of the complaint and remand this cause to the trial court with instructions to reinstate the complaint.

BOOTH, MINER and BENTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Blinn v. Fla. Dep't OF Transp. & Sverdrup Corp., 781 So. 2d 1103 (Fla. 1st DCA 2000)
    …power of Congress to enact a statute which, in proper circumstances, will act to toll a state statute of limitations for a claim that was filed timely in federal court and subsequently dismissed. See also Black v. Florida Department of Corrections, 652 So. 2d 1291 (Fla. 1st DCA 1995)(court reversed the trial court’s dismissal of complaint which alleged a tolling of the statute of limitations based on 28 U.S.C. § 1367(d)). Accordingly, we reverse the order of dismissal with prejudice and the final judgment as…
  • Toliver v. State, 737 So. 2d 1142 (Fla. 1st DCA 1999)
    …scussion: Whether the trial court abused its discretion by not appointing an attorney to represent appellant at the evidentiary hearing. This case was previously before the court on appellant’s motion for postconviction relief. In Toliver v. State, 652 So. 2d 1291 (Fla. 1st DCA 1995), we determined that appellant’s claim that counsel was ineffective for failing to file a motion for discharge pursuant to the speedy trial rule stated a preliminary basis for relief. At that time, the trial court had provided us…
  • Brown v. State, 829 So. 2d 975 (Fla. 1st DCA 2002)
    …it of prohibition on the basis that his counsel had not filed a demand for speedy trial. We conclude the allegations are sufficient to state a legally sufficient claim. See e.g. Greeson v. State, 729 So. 2d 397 (Fla. 1st DCA 1998); Toliver v. State, 652 So. 2d 1291 (Fla. 1st DCA 1995); Pippin v. State, 626 So. 2d 1091 (Fla. 1st DCA 1993). Because the trial court did not refute this claim with record attachments, the trial court’s summary denial of the appellant’s ineffective assistance of counsel claim for fai…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw