Crosby v. Paxson Electric Co.

Florida District Courts of Appeal
Crosby v. Paxson Electric Co., 576 So. 2d 906 (1991)
1991 Fla. App. LEXIS 2740; 1991 WL 39320
Booth, Miner, Wentworth

Crosby v. Paxson Electric Co.

Opinion of the Court

PER CURIAM.

Appellants challenge the lower court’s entry of summary final judgment in favor of appellee. They contend that their amended complaint relates back, in that appellee suffered no prejudice when substituted for “John Doe Inc.” as a party. We find the statute of limitations argument, relied upon by appellee below and on appeal was previously raised before a different judge in the same case and court and in a previous appeal to this court. 534 So.2d 787. Therefore, we find that the “law of the case” doctrine governs, and we reverse for further proceedings. See Airvac, Inc. v. Ranger Ins. Co., 330 So.2d 467 (Fla. 1976); Alford v. Summerlin, 423 So.2d 482 (Fla. 1st DCA 1986); Valsecchi v. Proprie*907tors Ins. Co., 502 So.2d 1310 (Fla. 3d DCA 1987).

REVERSED.

BOOTH and MINER, JJ., and WENTWORTH, Senior Judge, concur.

Reference

Full Case Name
Bobby CROSBY and Lillian Crosby, his wife v. PAXSON ELECTRIC CO., a Florida corporation
Cited By
1 case
Status
Published