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CARDONA v. SCHEERER

No. 85-2032.

498 So.2d 553 (1986)

Carmen O. CARDONA, As Personal Representative of the Estate of Diana Cardona, Appellant, v. Rudolph SCHEERER, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 24, 1986.

Attorney(s) appearing for the Case

Charles C. Powers of Charles C. Powers, P.A., West Palm Beach, for appellant.

Bernard & Mauro, Fort Lauderdale, and Steven R. Berger and William G. Liston of Steven R. Berger, P.A., Miami, for appellee.

PER CURIAM.

We 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...

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