JERRY RECOB AND JERE RECOB, APPELLANTS,

v.

MELVIN MOORE AND SUZANNE MOORE, APPELLEES

Citator

Cited By (15 total)

• Kopel v. Bernardo Kopel, 229 So. 3d 812 (Fla. 2017)
  …if the amendment sets forth a new and distinct cause of action”); Arnwine v. Huntington Nat’l Bank, N.A., 818 So. 2d 621, 625 (Fla. 2d DCA 2002) (“[Entirely new and separate causes of action will not relate back.”); W. Volusia Hosp. Auth. v. Jones, 668 So. 2d 635, 636 (Fla. 5th DCA 1996) (explaining that relation back is not permitted where amendment states a new and distinct cause of action); Daniels v. Weiss, 385 So. 2d 661, 663 (Fla. 3d DCA 1980). For example, in Arnwine, the plaintiffs original complaint…
• Trumbull Ins. Co. v. Wolentarski, 2 So. 3d 1050 (Fla. 3d DCA 2009)
  …f action set forth in an amended pleading in a pending litigation is new, different, and distinct from that originally set up, there is no relation back.” Livingston v. Malever, 103 Fla. 200, 137 So. 113, 118 (1931); W. Volusia Hosp. Auth. v. Jones, 668 So. 2d 635, 636 (Fla. 5th DCA 1996). More specifically, amendments “relate back” if they “arose out of the same conduct, transaction, or occurrence originally set forth. .... ” Dailey v. Leshin, 792 So. 2d 527, 532 (Fla. 4th DCA 2001). The original negligence…
• Fabbiano v. Demings, 91 So. 3d 893 (Fla. 5th DCA 2012)
  …mplaint is based on a different “cause of action” than that stated in the original pleading. Appellee cites several cases in support of this construction, principally relying on language from our decision in West Volusia Hospital Authority v. Jones, 668 So. 2d 635 (Fla. 5th DCA 1996). In West Volusia Hospital Authority, we affirmed the denial of a proposed amendment to add the victim’s father as a new party, asserting for the first time his claim for loss of filial consortium. Our decision there was based on…

Authorities Cited

• B. C. Builders Supply Co., Inc. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981)
• Tahiti Resorts, Inc. v. Dowling, 446 So. 2d 189 (Fla. 3d DCA 1984)