Civil Litigation
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Total Remittitur Cases: 2
Raie v. Cheminova
15 Fla. L. Weekly Fed D589 (M.D. Fla. October 18, 2002)
2002-10-18
REMITTITUR
The delayed discovery doctrine is inapplicable to a wrongful death cause of action in Florida. In Florida, the statutory cause of action for wrongful death accrues at the time of death and not when the survivors realize at some point in the future that the cause of death may be actionable.
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The Florida Supreme Court ruled that, contrary to other authority, Florida rules governing the commencement of the statute of limitation period in oral contracts start upon the creditor
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