Florida Statutes of Limitation

[David A. Szwak]

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).

[David A. Szwak]

1. Dixie Clamp & Scaffold, Inc. v. Toll Development Corp.,
473 So.2d 729, 10 Fla. L. Weekly 1345, 10 Fla. L. Weekly 1689, Fla.App. 4 Dist., May 29, 1985 (NO. 84-1818)

...and a credit on the same date, all deliveries and pickups occurred prior to August 1, 1979. The statute of limitations for debts on open account is four years as to each separate transaction. The present suit was commenced August 1, 1983. Ergo, only the aforementioned invoice, offset by...


--------------------------------------------------------------------------------

2. Perry v. Reichert,
113 Fla. 125, 151 So. 403, Fla., December 05, 1933

...last entry on itemized account was on the 11th day of May, 1928; that said date is more than three years prior to the institution of said suit and for that reason barred by the Statute of Limitations applicable to suits on open account.’ Demurrer was filed to these pleas and was overruled. The record shows that the plaintiff declined to further amend his...


--------------------------------------------------------------------------------

3. Salomon v. Pioneer Co-op. Co.,
21 Fla. 374, 1885 WL 1777, 58 Am.Rep. 667, Fla., January Term 1885

...the said cause of action did not accrue within two years before the commencement of this action.â€