¶1We 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).
498 So. 2d 553
498 So.2d 553
11 Fla.L.Weekly 2484
Cardona v. Scheerer
District Court of Appeal of Florida
Decided November 26, 1986
District Court of Appeal of Florida · decided 1986-11-26
Relies on 421 So. 2d 728 - Vantage View, Inc. v. Bali East Development Corp. · 457 So. 2d 1377 - Ash v. Stella
Decided 1986-11-26