McKee v. Fort Lauderdale Produce Co.

Florida District Courts of Appeal February 25, 1987

McKee v. Fort Lauderdale Produce Co., 503 So. 2d 412 (1987)

12 Fla. L. Weekly 635; 1987 Fla. App. LEXIS 6931

Dell, Stone, Walden

Opinion of the Court

PER CURIAM.

Upon review of the record we conclude that the amended complaint against appel-lees relates back to the date of filing of the third party complaint and is not barred by the statute of limitations. Gatins v. Sebastian Inlet Tax District, 453 So.2d 871 (Fla. 5th DCA 1984). We therefore reverse and remand for further proceedings.

DELL and WALDEN, JJ., concur. STONE, J., dissents with opinion.

Dissenting Opinion

STONE, Judge,

dissenting.

Although I concur in the result reached in Gatins, in my view it is not applicable here.

Reference

Full Case Name: Carol Ann McKEE and Lois Jean Knoepfel, as Co-Personal Representatives of the Estate of Edward A. Bloch, and for the use and benefit of Hartford Accident & Indemnity Co. v. FORT LAUDERDALE PRODUCE COMPANY, INC., Sydney Plummer and Indiana Insurance Company
Cited By: 3 cases
Status: Published