WILLIAM DARDEN, ETC., APPELLANT,
v.
BEVERLY HEALTH & REHABILITATION, ETC., APPELLEES

Fla. 5th DCA | 2000-07-28
No. 5D99-3418
HARRIS and PLEUS, JJ., concur.
763 So. 2d 542 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 19 cases

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Synopsis

William Darden, as personal representative of Vera Griffin's estate, appealed the dismissal of his wrongful death complaint against a nursing home on statute of limitations grounds. The court reversed, holding that the relation back doctrine under Florida Rule 1.190(c) should have been applied to permit amendment naming the correct corporate defendant, as the two entities shared an identity of interest.


Holding

The relation back doctrine should have been applied because Beverly Health and Beverly Enterprises possessed sufficient identity of interest to justify relation back. The amended complaint naming the new corporate defendant relates back to the original filing date, thereby avoiding the statute of limitations bar.


Headnotes

[1] An amended complaint adding a new party defendant relates back to the date of the original complaint if the new and former parties have an identity of interest and the ad…

[2] The relation back doctrine under Rule 1.190(c) of the Florida Rules of Civil Procedure applies when the claim in an amended complaint arises out of the same conduct, tran…

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Key Quotes

“Rule 1.190(c) of the Florida Rules of Civil Procedure provides that the date of the filing of an amended complaint relates back to the date of the filing of the original complaint when the claim in the amended complaint arose out of the same conduct, transaction, or occurrence set forth in the original pleading.”

Establishes the basic relation back doctrine allowing amended complaints to relate back to original filing date

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Facts & Procedural History

Darden filed a wrongful death action against Beverly Health & Rehabilitation Services, Inc. (doing business as Park Lake Nursing and Rehabilitation Ce…

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Opinion of the Court
DAUKSCH, J.

DAUKSCH, J.

William Darden, in his capacity as the personal representative of the Estate of Vera Griffin, appeals the final order entered by the trial court dismissing his third amended complaint on the basis that the applicable statute of limitations had expired prior to the filing of the complaint. We reverse because the relation back doctrine authorized under rule 1.190 of the Florida Rules of Civil Procedure should have been applied in this case.

Rule 1.190(c) of the Florida Rules of Civil Procedure provides that the date of the filing of an amended complaint relates back to the date of the filing of the original complaint when the claim in the amended complaint arose out of the same conduct, transaction, or occurrence set forth in the original pleading. This relation back doctrine can also be applied to an amended complaint which adds a new party to the lawsuit if the party “is sufficiently related to an original party such that the addition would not prejudice the new party.” Schwartz ex rel. Schwartz v. Wilt Chamberlain’s of Boca Raton, Ltd., 725 So. 2d 451, 453 (Fla. 4th DCA 1999).

In that regard, the date of the filing of an amended complaint which adds a new party defendant to a pending lawsuit relates back to the date of the filing of the original complaint, thereby avoiding a statute of limitations bar, “where the new and former parties have an identity of interest which does not prejudice the opponent”. Kozich v. Shahady, 702 So. 2d 1289, 1291 (Fla. 4th DCA 1997).

See also Palm Beach County v. Savage Constr. Corp., 627 So. 2d 1332 (Fla. 4th DCA 1993).

Mr. Darden initially filed this wrongful death action against Beverly Health & Rehabilitation Services, Inc. (Beverly Health), d/b/a Park Lake Nursing and Rehabilitation Center (Park Lake). Nearly one year after the applicable two year statute of limitations period had expired, Mr. Darden filed a third amended complaint in which he alleged for the first time that Beverly Enterprises-Florida, Inc. d/b/a Beverly Gulf CoasNFlorida, Inc. d/b/a Park Lake Nursing and Rehabilitation Center (Beverly Enterprises), not Beverly Health, was the proper corporate defendant. Upon the motion of Beverly Enterprises, the trial court dismissed the complaint, finding that the action was time barred.

The information before us reveals that Beverly Health is the parent corporation of Beverly Enterprises, Beverly Health actively defended this lawsuit in the trial court for nine months, both corporate defendants are represented by the same law firm, and printouts from the Secretary of State indicate that Beverly Health and Beverly Enterprises share the same corporate address, have several common corporate directors as well as the same registered agent.

Additionally, Beverly Enterprises has failed, and thus apparently is unable, to demonstrate any prejudice resulting from the substitution of the named corporate defendant. These facts support the conclusion that Beverly Health and Beverly Enterprises possess identities of interest sufficient to justify application of the relation back doctrine.

Accordingly, we reverse the order dismissing Mr. Darden’s third amended complaint and remand this matter for further proceedings.

REVERSED and REMANDED.

HARRIS and PLEUS, JJ., concur.


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Citator

Cited By

  • Arnwine v. The Huntington Nat'l Bank, N.A., 818 So. 2d 621 (Fla. 2d DCA 2002)
    …the date of the original pleading.” This rule does not allow for the addition of a new party, and the general rule is that the addition of a new party will not relate back to the date of the original pleading. See Darden v. Beverly Health & Rehab., 763 So. 2d 542, 542 (Fla. 5th DCA 2000); Schwartz v. Wilt Chamberlain’s of Boca Raton, Ltd., 725 So. 2d 451, 453 (Fla. 4th DCA 1999). However, the addition of a new party will relate back when the new party is sufficiently related to the original party that the ad…
  • Rayner v. Aircraft Spruce-Advantage Inc., 38 So. 3d 817 (Fla. 5th DCA 2010)
  • …on to enforce such rights and to recover actual and punitive damages for any deprivation or infringement on the rights of the resident. . Thomas v. Northside Foods, Inc., 827 So. 2d 378 (Fla. 3d DCA 2002); Darden v. Beverly Health & Rehabilitation, 763 So. 2d 542, 543 (Fla. 5th DCA 2000). . The statute in effect at the time the cause of action arises governs the action. See Cenatus v. Naples Community Hospital, Inc., 689 So. 2d 302 (Fla. 2d DCA 1997); L. Ross Inc. v. R.W. Roberts Construction Co., Inc. 466…

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