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HANDLEY v. ANCLOTE MANOR FOUNDATION

No. 70-782.

253 So.2d 501 (1971)

Leon H. HANDLEY, As Administrator of the Estate of Danna Post Wilkinson, (Deceased), and John Neal Wilkinson, III, As Guardian of the Person and Property of John Neal Wilkinson, IV, a Minor, Appellants, v. ANCLOTE MANOR FOUNDATION, a Florida Corporation, and Ronald M. Baccus, M.D., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 11, 1971.

Attorney(s) appearing for the Case

John W. Boult and Edward M. Waller, Jr., of Fowler, White, Gillen, Humkey, Kinney & Boggs, Tampa, for appellants.

F. Ronald Fraley and John W. Puffer, III, of Shackleford, Farrior, Stallings & Evans, Tampa, for appellees.

MANN, Judge.

This action was brought by the decedent's administrator to recover damages for her death. After the two-year period during which a new action might be filed, an amended complaint was filed joining the guardian of decedent's son as plaintiff and seeking recovery under the wrongful death statute. The precise question whether such an amendment relates back to the original filing seems never to have been raised in Florida, and the trial judge granted summary...

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