Comparison: Equitable Tolling vs Jurisdictional Deadlines

“The doctrine of equitable tolling abates the harsh operation of the statute of limitations under certain circumstances in which barring a plaintiff's potentially meritorious action would be unjust."

“In view of the fact that the filing of [a Notice of Appeal] is not jurisdictional, but is analogous to statutes of limitation which are subject to equitable considerations"

“Filing a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling. The structure of Title VII, the congressional policy underlying it, and the reasoning of this Court's prior cases all lead to this conclusion."

"Generally, the tolling doctrine has been applied when the plaintiff has been misled or lulled into inaction, has in some extraordinary way been prevented from asserting his rights, or has timely asserted his rights mistakenly in the wrong forum."

“For instance, equitable tolling may be appropriate where a plaintiff has been "lulled into inaction by her past employer, state or federal agencies, or the courts."

• Tolling: Filing written objections to the lower court's order extends the time to appeal the same order (even if the District Judge entered it)
  • See Rule 4(a)(4) Fed. R. App. P.
  • See This Example
  • Learn How to Object

• Alachua County v. Cheshire, 603 So.2d 1334 (Fla. 1st DCA 1992)
• Alfonso v. Dept of Environmental Regulation, 616 So. 2d 44 (Fla. 1993)
• Avante, Inc. v. Agency for Health Care Admin, 722 So.2d 965, 966 (Fla. 1st DCA 1998)
• Bal Harbour Village v. City of North Miami, 678 So.2d 356 (Fla. 3d DCA 1996)
• Brown v. State of Florida DFS, 899 So.2d 1246 (Fla. 4th DCA 2005)
• Castillo v. Dept of Admin, 593 So. 2d 1116 (Fla. 2d DCA 1992)
• Cocke v. Merrill Lynch Co., 817 F.2d 1559, 1561 (11th Cir. 1987)
• Coke v. General Adjustment Bureau, 640 F.2d 584 (5th Cir. 1981)
• Dartt v. Shell Oil Co., 539 F.2d 1256, 1261-62 (10th Cir. 1976)
• Jackson v. Seaboard, 678 F.2d 992 (11th Cir. 1982)
• Justice v. US, 6 F.3d 1474, 1480 (11th Cir. 1993)
• Kaweblum v. Thornhill Estates, 755 So. 2d 85, 86 (Fla. 2000)
• Love v. Pullman Co., 404 US 522, 92 S.Ct. 616, 30 L.Ed.2d 679 (1972)
• Machules v. Dept of Admin, 523 So. 2d 1132 (Fla. 1988)
• Mackay v. Florida Power & Light Co., 524 So. 2d 1068 (Fla. 4th DCA 1988)
• Major League Baseball v. Morsani, 790 So.2d 1071 (Fla. 2001)
• Mandarin Paint v. Potura Coatings, 744 So. 2d 482, 485 (Fla. 1st DCA 1999)
• Martinez v. Orr, 738 F.2d 1107, 1112 (10th Cir. 1984)
• Menominee Indian Tribe of Wis. v US, 136 S. Ct. 750, 755-56 (2016)
• Phillip v. University of Florida, 680 So. 2d 508 (Fla. 1st DCA 1996)
• Stewart v. Dept of Corrections, 561 So.2d (Fla. 4th DCA 1990)
• Veal v. Escambia County, 773 So. 2d 625 (Fla. 1st DCA 2000)
• Volk v. Multi-Media, Inc., 516 F. Supp. 157, 162 (SD Ohio 1981)
• Zipes v. Trans World Airlines, Inc., 455 US 385 (1982)