Edwards v. Okaloosa County

Eleventh Circuit

Edwards v. Okaloosa County

23 F.3d 358, 1994 WL 240526

CourtCourt of Appeals for the Eleventh Circuit

DecidedJune 21, 1994

DocketNo. 92-2476

StatusPublished

Cited by3 cases

This text of 23 F.3d 358 (Edwards v. Okaloosa County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Edwards v. Okaloosa County, 23 F.3d 358, 1994 WL 240526 (11th Cir. 1994).

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Opinion

ON PETITION FOR REHEARING.

PER CURIAM:

The panel opinion is reported at 5 F.3d 1431 (11th Cir.1993). The panel opinion is modified in the following respects.

(1) The panel deletes the term “two-year” from the fourth paragraph of the opinion on page 1432; and

(2) The panel deletes the paragraph of the opinion appearing on page 1434 which begins “The Florida statute of limitations ...” and substitutes in its stead the. following paragraph:

The Florida statute of limitations for Edwards’s pendent wrongful death claim against Sheriff Gilbert expired on October 11, 1990, four years after Molbert’s death. See Fla.Stat. ch. 768.28(12) (Supp.1992); Beard v. Hambrick, 396 So.2d 708, 712 (Fla.1981). Thus, the statute had run while Edwards’s case was in federal court. This case had been pending over four years when the district court granted summary judgment and dismissed the pendent wrongful death claim, but nothing in the record suggests that Edwards caused this delay.

The petition for rehearing is denied.

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