DEBRA ANN MARTIN, F/K/A DEBRA ANN LONG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ZANDRA MELISSA LONG, A MINOR, DECEASED, APPELLANT,
v.
CONSOLIDATED CITY OF JACKSONVILLE, APPELLEE
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The court affirmed the trial court's order dismissing the Duval County Hospital Authority as a party defendant from a wrongful death action. The appellent attempted to argue that the substitution of the Consolidated City of Jacksonville for the Authority was merely a misnomer, but the court held that the amended complaint effectively dropped the Authority as a party without prejudice.
When an amended complaint is filed with court consent that adds one party and drops another party, the plaintiff effectively drops the latter party as a party defendant without prejudice. The plaintiff cannot thereafter pursue the cause of action against the dropped party without renaming it as a party defendant and obtaining fresh service of process. The trial court properly entered the order dismissing the Authority as a party.
[1] A party is effectively dropped from an action when an amended complaint adding a new party and dropping a former party is filed with the court's consent.
[2] A plaintiff cannot pursue a cause of action against a party previously dropped from an action without renaming that entity as a party defendant and obtaining service of p…
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Join FLexlaw to unlock all legal intelligence“when an amended complaint adding a party and dropping another party is filed with the consent of the court, the plaintiff effectively drops the latter as a party defendant, without prejudice, but cannot thereafter pursue the cause of action against that former party without renaming that entity as a party defendant and obtaining service of process anew on such party”
States the controlling legal rule regarding amended complaints that drop parties and the consequences of such amendments
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Join FLexlaw to unlock all legal intelligenceZandra Melissa Long, a minor child, was a patient at University Hospital and sustained injuries. The Duval County Hospital Authority was originally na…
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ZEHMER, Judge.
We affirm the appealed order ruling that Duval County Hospital Authority, d/b/a University Hospital of Jacksonville, has been dropped as a party to appellant’s wrongful death action.
The Authority was originally named a defendant and served with process on behalf of Zandra Melissa Long, a minor child, in her action for injuries sustained while a patient at University Hospital. After the minor child died, appellant was named personal representative and, pursuant to a consent order entered by the court, filed a pleading denominated “Amended Complaint” which sought damages for the death of the minor child and named the “Consolidated City of Jacksonville, a municipal corporation,” as the only defendant. The Authority was no longer listed as a party.
Appellant argues that the pleading was actually a supplemental complaint, not an amended complaint, because it was based on the death of the child, which occurred after the first complaint was filed, and that accordingly the Authority should still be treated as an active party-defendant since the original complaint has not been superseded by the supplemental complaint.
The so-called “Amended Complaint” partakes of elements of both a supplemental complaint and an amended complaint because it contains both allegations of matters occurring since the date of the pleading sought to be supplemented and amends the original action by alleging a cause of action against a completely new entity as a party and leaves out the prior party defendant.
Rule 1.190, Fla.R.Civ.P. It is well established that when an amended complaint adding a party and dropping another party is filed with the consent of the court, the plaintiff effectively drops the latter as a party defendant, without prejudice, but cannot thereafter pursue the cause of action against that former párty without renaming that entity as a party defendant and obtaining service of process anew on such party. Garrido v. Markus, Winter & Spitale Law Firm, 358 So. 2d 577 (Fla.3d DCA 1978); Harris Paint Co. v. Multicon Properties, Inc., 326 So. 2d 43 (Fla. 1st DCA 1976); Hertz International, Ltd. v. Richardson, 317 So. 2d 824 (Fla. 3d DCA 1975); Scott v. Permacrete, Inc., 124 So. 2d 887 (Fla. 1st DCA 1960).
Hence, the trial court did not err in entering the appealed order. Appellant’s contention that naming the city as a defendant was merely a misnomer and not intended to effect the dismissal of the Hospital Authority as a party is not persuasive. That the Authority is a separate entity from the City of Jacksonville is a matter of public record, ch. 63-1305, § 7(a), and ch. 67-1320, § 24.01(7), Laws of Florida, and neither the record nor appellant’s brief contains any factual recitations that suggest any reason for excusing the deliberate substitution of the city for the Authority as the sole defendant.
AFFIRMED.
SHIVERS and BARFIELD, JJ., concur.
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Bryant v. Duval Cnty. Hosp. Auth., 502 So. 2d 459 (Fla. 1st DCA 1986)…against a municipality. In ad [*463] vancing this argument, appellants would have us equate the DOHA with the City of Jacksonville. It is clear, however, that the DOHA is an entity separate from the City. Martin v. Consolidated City of Jacksonville, 490 So. 2d 138, 139 (Fla. 1st DCA 1986), citing Ch. 63-1305, s. 7(a) and Ch. 67-1320, s. 24.01(7), Laws of Fla. See also Eldred v. North Broward Hospital District, 498 So. 2d 911 (Fla.1986); and McSwain v. Dussia, 499 So. 2d 868 (Fla. 1st DCA 1986). We conclude, t…
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Irena Eugenia SAS and Elisabeth Patten v. Honorable Alan Postman, 687 So. 2d 54 (Fla. 3d DCA 1997)…the litigation below, the plaintiff subsequently filed an amended complaint against only the defendant Patten. This action, which dropped Sas as a party and terminated the proceedings as against her, see Martin v. Consolidated City of Jacksonville, 490 So. 2d 138 (Fla. 1st DCA 1986), resulted in the trial court’s loss of jurisdiction over her person. See Biggers v. Town of Davie, 674 So. 2d 938 (Fla. 4th DCA 1996); Federal Ins. Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985); Hertz Int'l, Ltd. v. Richard…
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Moates v. Register, 556 So. 2d 503 (Fla. 1st DCA 1990)…court does not have jurisdiction over him, as he has been dismissed as a party in the lower tribunal. We do not agree and deny the motion to dismiss. In support of his motion to dismiss, ap-pellee relies on Martin v. Consol. City of Jacksonville, 490 So. 2d 138 (Fla. 1st DCA 1986). Martin, plaintiff below, filed a complaint for damages for injuries to a minor child, naming the Duval County Hospital Authority as a party. When the child died, Martin later filed a pleading denominated “Amended Complaint” whic…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Scott v. Permacrete, Inc., 124 So. 2d 887 (Fla. 1st DCA 1960)
- HERTZ Int'l, Ltd. v. Richardson, 317 So. 2d 824 (Fla. 3d DCA 1975)
- White v. State, 358 So. 2d 577 (Fla. 4th DCA 1978)
- Garrido v. Markus, 358 So. 2d 577 (Fla. 3d DCA 1978)
- Johnson v. State, 326 So. 2d 43 (Fla. 1st DCA 1976)
- Harris Paint Co. v. Multicon Props., Inc., 326 So. 2d 43 (Fla. 1st DCA 1976)