LINDA UPTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• City OF Hollywood v. Lou Petrosino, 864 So. 2d 1175 (Fla. 4th DCA 2004)
  …be included in the pension plan, this was when Petrosino’s cause of action began to accrue under federal law. Our analysis under Florida law begins with the general law regarding the application of statutes of limitation. In Margolis v. Andromides, 732 So. 2d 507 (Fla. 4th DCA 1999), the court said: The statute of limitations on a particular cause of action does not begin to run until the cause of action accrues. A cause of action “accrues” when the last element necessary to constitute the cause of action o…
• City OF Riviera Beach v. Reed, 987 So. 2d 168 (Fla. 4th DCA 2008)
  …statute of limitations bar was not a proper ground for dismissal. Section 95.081, Florida Statutes, instructs that a statute of limitations period runs from the time the cause of action accrues. § 95.031, Fla. Stat. (2005); Margolis v. Andromides, 732 So. 2d 507, 509 (Fla. 4th DCA 1999). “A cause of action accrues when the last element constituting the cause of action occurs.” § 95.031(1), Fla. Stat. (2005). Put another way, the limitations period begins to run when the action “may be brought.” State Farm M…
• Barbara G. Banks, P.A. v. Thomas D. Lardin, P.A., 938 So. 2d 571 (Fla. 4th DCA 2006)
  …which we find distinguishable as they do not involve causes of action for breach of a contract. See Collinson v. Miller, 903 So. 2d 221 (Fla. 2d DCA 2005); City of Hollywood v. Petrosino, 864 So. 2d 1175 (Fla. 4th DCA 2004); Margolis v. Andromides, 732 So. 2d 507 (Fla. 4th DCA 1999). In Collinson v. Miller, 903 So. 2d 221 (Fla. 2d DCA 2005), for example, the stepmother promised her husband she would retain properties she was to inherit from him and leave them to his children. After the husband died, she sol…

Authorities Cited

• State v. Dennis, 696 So. 2d 848 (Fla. 2d DCA 1997)
• Lytle v. State, 696 So. 2d 848 (Fla. 2d DCA 1997)