GREEN v. ADAMS

No. 75-775.

343 So.2d 636 (1977)

Robert GREEN, Individually, and Green Crane Service, Inc., a Florida Corporation, Appellants, v. John H. ADAMS et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 7, 1977.


Attorney(s) appearing for the Case

Robert J. Stinnett of Stinnett, Surfus & Martin, Sarasota, for appellants.

Dell & Smith, P.A., and Marjorie D. Gadarian of Jones, Paine & Foster, P.A., West Palm Beach, for appellees.


DOWNEY, Judge.

The main point on appeal as stated by appellants is:

Where an amended complaint is filed after the statute of limitations has run which merely corrects a mistake in the middle initial of a party's name, the amendment relates back to the time of filing of the original complaint.

In our opinion we need not reach that point because the entry of a summary judgment in this cause was not appropriate; but if it were, leave to amend should...

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