CARMEN O. CARDONA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANA CARDONA, APPELLANT,
v.
RUDOLPH SCHEERER, M.D., APPELLEE
CARMEN O. CARDONA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANA CARDONA, APPELLANT,
RUDOLPH SCHEERER, M.D., APPELLEE
498 So. 2d 553
Florida District Court of Appeal, Fourth District (1986)
Negative Treatment
Cited by 5 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clark v. State, 519 So. 2d 1095 (Fla. 1st DCA 1988)…d to mean that a guilty plea, nolo plea, or guilty verdict has been obtained for the offense, citing Gallagher v. State, 476 So. 2d 754 (Fla. 5th DCA 1985).4 It asserts [*1097] that an analogous sentencing proceeding was approved in Nelson v. State, 498 So. 2d 553 (Fla. 4th DCA 1986).5 The State contends that BR-7 had not met the Gallagher definition of “pending” at the time Judge Yawn sentenced appellant in BR-8, so that the offenses in BR-7 could not be included in his scoresheet, and that since BR-8 had al…
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Mincey v. State, 525 So. 2d 465 (Fla. 1st DCA 1988)…sentencing at the same time, and, therefore, one scoresheet should have been used. See Gallagher v. State, 476 So. 2d 754 (Fla. 5th 1985) (all offenses pending at same time where guilty pleas had been entered before sentencing); cf. Nelson v. State, 498 So. 2d 553 (Fla. 4th 1986) (all offenses not pending at same time where probation violation hearing had not been held), and Clark v. State, 519 So. 2d 1095 (Fla. 1st DCA 1988) (all offenses not pending at same time where in one case jury verdict had not been e…
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Stokes v. State, 512 So. 2d 290 (Fla. 1st DCA 1987)…y case. In so doing, he erroneously departed from the guidelines without providing written reasons. See Carter v. State, 483 So. 2d 740, 741 (Fla. 5th DCA 1986); Gissenger v. State, 481 So. 2d 1269, 1270 (Fla. 5th DCA 1986); compare Nelson v. State, 498 So. 2d 553 (Fla. 4th DCA 1986). REVERSED. ERVIN, J., concurs. BOOTH, J., dissents with written opinion.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vantage View, Inc. v. Bali E. Dev. Corp., 421 So. 2d 728 (Fla. 4th DCA 1982)
- ASH v. Stella, 457 So. 2d 1377 (Fla. 1984)