HENRION v. SHOOK

No. 85-865.

490 So.2d 1283 (1986)

Joseph M. HENRION and Lois L. Henrion, His Wife, and A.W. Nordman and J.M. Henrion, Inc., a Florida Corporation, Appellants, v. Roger H. SHOOK, Mark J. Greenway, Jim Graham, New Era Realty IV, Inc., a Florida Corporation and Jim Graham, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 2, 1986.


Attorney(s) appearing for the Case

Charles W. Musgrove and Phillip T. Crenshaw, West Palm Beach, for appellants.

Allen R. Seaman of Weathers & Seaman, Lantana, for appellee — New Era Realty.

Anne M. Desormier and Mikel D. Greene of DeSantis, Cook, Gaskill & Silverman, P.A., North Palm Beach, for appellees — Jim Graham, and Jim Graham, Inc.


LETTS, Judge.

In this case, the trial court dismissed an amended complaint holding that the cause of action was barred by the statute of limitations. We reverse.

The appellee's position is that the third amended complaint was more than a mere substitution of parties and that new issues of both liability and damages were raised. We disagree.

The general rule is that whether an amendment, which makes changes in parties to the suit, relates back to the...

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