200007.28
0

763 So. 2d 542 (Fla. 5th DCA 2000)

The trial court dismissed a third amended complaint filed in a wrongful death action on the basis that the applicable statute of limitations had run prior to the filing of the complaint. We represented the estate on appeal, and were successful in reversing the decision and having the case reinstated. The Fifth District agreed with our argument that Florida Rule of Civil Procedure 1.190 precluded the dismissal because the “relation back” doctrine applied. The court reasoned that the new defendant and the original defendant, who was the parent company of the new defendant, possessed identities of interest sufficient to justify the application of the doctrine.