Florida District Courts of Appeal, 1986

Cardona v. Scheerer

Florida District Courts of Appeal · Decided November 26, 1986 · No. 85-2032 · Anstead, Gunther, Stone

498 So. 2d 553; 11 Fla. L. Weekly 2484; 1986 Fla. App. LEXIS 10845 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Nelson v. State (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the final summary judgment because we find the trial court erred in not holding that the fifth amended complaint should relate back to the date of filing of the third amended complaint which included the appellee as a named party defendant. See Vantage View, Inc. v. Bali East Development Corp., 421 So.2d 728 (Fla. 4th DCA 1982). We also note that the applicable statute of limitations is Section 95.11(4)(b), Florida Statutes (1985) rather than section 95.11(4)(d) which was applied by the trial court. See Ash v. Stella, 457 So.2d 1377 (Fla. 1984).

ANSTEAD, GUNTHER and STONE, JJ., concur.

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