Writing for the court, Justice Barbara Jackson noted that the court had previously determined that Section 15-1 directed only that "in criminal cases where an indictment or presentment is required, the date on which the indictment or presentment has been brought or found by the grand jury marks the beginning of the criminal proceeding and arrests the
statute of limitations."
We conclude that the three-year
statute of limitations as set forth in CPLR 214 (2), which governs disputes with respect to penalties created by statute, should control this case.
(2) A disability or other reason does not toll the running of any
statute of limitations except those specified in this section, [section]95.091, the Florida Probate Code, or the Florida Guardianship Law.
(36) In these instances, the court confirmed that the two-year
statute of limitations begins on the date of the occurrence of the malpractice.
But the convictions were all either overturned on appeal or expired under the
statute of limitations.
A recent unpublished decision by the Court of Appeals of Indiana sheds light on how a typical state's
statute of limitations law will apply to an appraisal negligence claim--the most common professional liability claim alleged against appraisers.
To defeat summary' judgment in the Federal District Court, the plaintiff was required to identity an issue of fact that, if decided in her favor, would allow her to overcome the defendants'
statute of limitations defense.
(1) Since the compulsory counterclaim's creation, courts have been divided as to how or if they are subject to a
statute of limitations. (2) There is no bright-line rule, and the applicability of
statute of limitations to compulsory counterclaims has been individually determined across state and federal courts.
There is no
statute of limitations for Class A offenses, so charges may be filed anytime after a crime is committed.
This gives rise to the ambiguity found in the PRA's
statute of limitations.
The Los Angeles County District Attorney's Office rejected filing a misdemeanor charge of annoying or molesting a child under the age of 18 because the
statute of limitations had passed.