Florida Supreme Court Justice Lawson Hints at Special Statute of Limitations Considerations When Dealing with Long-Term Notes – Arias Bosinger

The law, which went into effect Monday, is a throwback to Jim Crow-era policies aimed at preventing black Floridians from voting, argued lawyers for the Brennan Center for Justice at the New York University School of Law, the American Civil Liberties Union of Florida and the NAACP Legal Defense and Educational Fund. Â Florida has a long, troubling history with voter suppression tactics, many.

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Full text of "United States Reports Volume 501 Cases Adjudged In The Supreme Court At October Term 1990" See other formats

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Until the Supreme Court sorts the matter out, there is uncertainty in most of Florida as to the use of the statute of limitations defense where a prior dismissal occurred of an action which accelerated the note balance and where the subsequent filing is outside of the statutory period.

Florida Supreme Court Justice Lawson Hints at Special Statute of Limitations Considerations When Dealing with Long-Term Notes – Arias Bosinger

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[*] The Florida statute operating in this fashion is, in effect, no different from California’s, about which the California Supreme Court said: "It is to be remembered that in the eyes of the law there is still only one trial. but the trial is broken up into two sections or stages if insanity is pleaded as a defense."

Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations. An arbitration proceeding is an "action" broadly defined in 95.011 to encompass any "civil action or proceeding," including arbitration proceedings.

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Gary M.B., 2003 WI App 72, ¶13 (court of appeals holding in a case reversed by the supreme court on other grounds, so that holding neither “overruled, withdrawn, or modified,” continues to bind court of appeals), affirmed on other grounds (but of course!), 2004 WI 33.

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