CAROL ANN MCKEE AND LOIS JEAN KNOEPFEL, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF EDWARD A. BLOCH, DECEASED, AND FOR THE USE AND BENEFIT OF HARTFORD ACCIDENT & INDEMNITY CO., APPELLANTS,
v.
FORT LAUDERDALE PRODUCE COMPANY, INC., SYDNEY PLUMMER AND INDIANA INSURANCE COMPANY, APPELLEES
CAROL ANN MCKEE AND LOIS JEAN KNOEPFEL, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF EDWARD A. BLOCH, DECEASED, AND FOR THE USE AND BENEFIT OF HARTFORD ACCIDENT & INDEMNITY CO., APPELLANTS,
FORT LAUDERDALE PRODUCE COMPANY, INC., SYDNEY PLUMMER AND INDIANA INSURANCE COMPANY, APPELLEES
503 So. 2d 412
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Upon review of the record we conclude that the amended complaint against appel-lees relates back to the date of filing of the third party complaint and is not barred by the statute of limitations. Gatins v. Sebastian Inlet Tax District, 453 So. 2d 871 (Fla. 5th DCA 1984). We therefore reverse and remand for further proceedings.
DELL and WALDEN, JJ., concur. STONE, J., dissents with opinion.
Dissent
STONE, Judge,
dissenting.
Although I concur in the result reached in Gatins, in my view it is not applicable here.
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Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr., 768 So. 2d 1257 (Fla. 1st DCA 2000)…s seeking, the petition should be treated as a petition for writ of habeas corpus.”). See also Harrison v. State, 667 So. 2d 382, 383 (Fla. 1st DCA 1995); Cohen v. Vendrell, 535 So. 2d 320, 322 (Fla. 3d DCA 1988); Diggs v. Department of Corrections, 503 So. 2d 412, 414 (Fla. 1st DCA 1987). . Under two consecutive thirty-month sentences the trial court imposed on April 1 and 4, 1991, the complaint alleges, the last lawful date of conditional release supervision for Mr. Andrews was September 12, 1994. See Evan…
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Caduceus Props., LLC v. Graney, 137 So. 3d 987 (Fla. 2014)…2003) (citing Gatins and holding that "appellant's amended complaint against ap-pellees is not barred by the statute of limitations because it relates back to the date of filing of the fourth-party complaint”); McKee v. Fort Lauderdale Produce Co., 503 So. 2d 412, 412 (Fla. 4th DCA 1987) (citing Gatins and holding that "the amended complaint against appellees relates back to the date of filing of the third party complaint and is not barred by the statute of limitations”). . The approach we adopt is consiste…
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Searcy v. Singletary, 590 So. 2d 1034 (Fla. 2d DCA 1991)…. Hall v. Wainwright, 498 So. 2d 670 (Fla. 1st DCA 1986). However, Searcy also alleges that his sentence would have expired had gain time been properly awarded, so his resort to habeas corpus also would be proper. Diggs v. Department of Corrections, 503 So. 2d 412 (Fla. 1st DCA 1987). . Violations of §§ 794.041(2)(b) and 800.04(1), Fla.Stat. (1987), respectively. . Section 944.277 contains a number of other exceptions, such as minimum mandatory sentences. Searcy asserts that none of the remaining exceptions…
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- Gatins v. Sebastian Inlet TAX Dist., 453 So. 2d 871 (Fla. 5th DCA 1984)