Mckinney, TX asked in Business Law and Civil Litigation for Florida

Q: Is "new evidence " (falsified notarized document) cause for a renewal of the florida statue of limitations?

I have 37 pages

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Probably not.

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Limitations periods are not "renewed", but by "renewal", I believe you mean the commencement of the limitations period later than the date of the original incident, so that the limitations period goes beyond the particular number of years after the date of the incident that the statute of limitations prescribes for the particular type of case.

The answer depends on certain facts and the applicable cause(s) of action (the basis/bases for suing). Generally, the limitations period commences to run from the date of the incident, and for some types of cases, it can run from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence. For example, if it's a potential fraud case, if your falsified document was not discovered until now AND could not have been discovered with the exercise of due diligence, the limitations may possibly start running from the time of discovery of that falsified document. You would need to have an attorney review the circumstances to get a reliable opinion.

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