Florida Statute 95.111 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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95.111 Limitations after death of a person served by publication.—In all suits or actions when a decree pro confesso or default was duly entered against a defendant on whom constructive service was duly obtained and the defendant died after the entry of the decree pro confesso or default and before the entry of final decree or judgment, and the death was not suggested to the court before the entry of the final decree or judgment, the final decree or judgment shall be binding and conclusive against persons claiming under the deceased defendant 1 year after its date as if the death had been suggested and the suit or action revived or continued against the proper parties.

History.—s. 1, ch. 11996, 1927; CGL 4947; s. 46, ch. 67-254; s. 21, ch. 74-382.

Note.—Former s. 62.08.

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Amendments to 95.111

Annotations, Discussions, Cases:

Cases Citing Statute 95.111

Total Results: 3 | Sort by: Relevance | Newest First

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Harmony Homes, Inc. v. United States Ex Rel. Small Bus. Admin., 936 F. Supp. 907 (M.D. Fla. 1996).

Cited 7 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 11339, 1996 WL 450214

...The complaint states a cause of action for mortgage foreclosure. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT I. Statute of Limitations In Florida, the Statute of Limitations on mortgage foreclosures with an ascertainable date of maturity is five (5) years. § 95.111 and § 95.281, Fla.Stat....

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Szapor v. City of Cape Canaveral, 775 So. 2d 1016 (Fla. 5th DCA 2001).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 507, 2001 WL 60697

...We affirm the summary judgment determining that the appellant is barred from bringing an action in inverse condemnation because the applicable four year statute of limitations has expired. The appellant filed his action in 1996, but knew of the appellee's invasion of his legal rights in 1989 or 1990. See Fla.Stat. § 95.111(3)(p) (1996); Sarasota Welfare Home, Inc....

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Kimberly Ann Miles v. Daniel Weingrad, M.D., 164 So. 3d 1208 (Fla. 2015).

Cited 1 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 279, 2015 Fla. LEXIS 1121, 2015 WL 2401261

...“retroactively enforced to impair the appellant’s vested rights.” Id. at 1157. The court further concluded that “[t]he cause of action in a medical malpractice case accrues at the time the malpractice incident occurs.” Id. at 1157-58 (citing § 95.111(4)(b), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 95 in the context of civil statutes of limitations and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.