CopyCited 16 times | Published | Supreme Court of Florida
...are provider asserts the exclusivity of the NICA plan as an affirmative defense. The NICA plan expressly tolls the limitation period for filing a civil suit when a claim for benefits is filed and while such claim is pending before DOAH or on appeal. § 766.306....
...an as an affirmative defense. Therefore, we remand this case for further proceedings consistent with this opinion. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur. NOTES [1] The NICA plan's tolling provision, section 766.306, states: The statute of limitations with respect to any civil action that may be brought by, or on behalf of, an injured infant allegedly arising out of, or related to, a birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...§
766.313. Once a claim is filed, however, the statute of limitations with respect to a civil action that may be brought "allegedly arising out of, or related to, a birth-related neurological injury" is tolled while the claim is pending or on appeal. §
766.306....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057655
...See §
95.051(2), Fla. Stat. (1993) (stating, "No disability or other reason shall toll the running of any statute of limitations except those specified in this section, s.
95.091, the Florida Probate Code, or the Florida Guardianship Law"). Compare §
766.306, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 180056
...denied,
462 So.2d 1106 (Fla.1985); Cohen v. School Bd. of Dade County, Fla.,
450 So.2d 1238 (Fla. 3d DCA 1984). Affirmed. NOTES [1] As a result of this finding, appellees were not barred from proceeding with their medical malpractice action against appellants in the Dade Circuit Court. §
766.306, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 6000, 2005 WL 957593
...action. The legislature provided for .the tolling of the statute of limitations for filing of civil actions arising from birth-related injuries, presumably for the purpose of allowing determinations of whether the claims were covered under NICA. See § 766.306, Fla....
