JAMES MATTHEW WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1978-05-09
No. 77-910
CROSS, LETTS and MOORE, JJ., concur.
358 So. 2d 577 Florida District Court of Appeal, Fourth District (1978) Negative Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Jones v. State, 358 So. 2d 37 (Fla. 4th DCA 1978), opinion issued April 4, 1978.

CROSS, LETTS and MOORE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Clemons v. Flagler Hosp., Inc., 385 So. 2d 1134 (Fla. 5th DCA 1980)
    …cited by the appellees, Doyle v. Shands Teaching Hospital and Clinics, 369 So. 2d 1020 (Fla. 1st DCA 1979); Click v. Pardoll, 359 So. 2d 537 (Fla. 3d DCA 1978), cert. denied, 367 So. 2d 1122 (Fla.1979); Garrido v. Markus, Winter & Spitale Law Firm, 358 So. 2d 577 (Fla. 3d DCA 1978) and Galuppi v. Viele, 232 So. 2d 408 (Fla. 4th DCA 1970), cert. denied, 238 So. 2d 109 (Fla.1970), hold only that a new party may not be added after the statute of limitations has already expired as to that defendant. They are tot…
  • …apply the “identity of interest” exception so as to allow the addition of a party to relate back where the plaintiffs failure to timely join the correct party was due to his own inexcusable neglect. See Garrido v. Markus, Winter & Spitale Law Firm, 358 So. 2d 577, 583 (Fla. 3d DCA 1978). In Garrido, the plaintiff originally filed an action for legal malpractice against the partnership law firm and later attempted to amend the complaint beyond the applicable statute of limitations to add and/or substitute th…
  • …nt states a new cause of action and does not relate back to the original complaint timely filed against Dr. Frankowitz’s colleagues and the professional association as the employer of the colleagues. See Garrido v. Markus, Winter & Spitale Law Firm, 358 So. 2d 577 (Fla. 3d DCA 1978). Since this new cause of action is barred by the statute of limitations, we reverse the judgment for the plaintiffs and the denial of defendant’s motion for directed verdict, and direct that judgment be entered for Dr. Frankowitz.…
    1 / 2

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