FREW v. POOLE AND KENT CO.

No. 93-3277.

654 So.2d 272 (1995)

Kathy Watts FREW f/k/a Kathy Watts, Appellant, v. POOLE AND KENT CO., Dragon Associates, Inc., f/k/a Dragon Fireproofing, Inc., and United Sheet Metal Co., Appellee.

District Court of Appeal of Florida, Fourth District.

May 3, 1995.


Attorney(s) appearing for the Case

Louis K. Rosenbloum and Robert M. Loehr of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellant.

Kenneth M. Rubin of Wiederhold, Moses, Bulfin & Rubin, P.A., West Palm Beach, for appellee-Poole and Kent Co.

Michael B. Davis of Paxton, Crow, Bragg, Smith & Keyser, P.A., West Palm Beach, for appellee-Dragon Associates, Inc.

Rosemary B. Wilder and Richard A. Sherman of Richard A. Sherman, P.A., Fort Lauderdale and Robert F. Goodrich of Law Offices of Alan L. Landsberg, Hollywood, for appellee-United Sheet Metal Co.


KLEIN, Judge.

The trial court dismissed plaintiff's amended complaint, the purpose of which was to add additional parties as the statute of limitations was about to run, concluding that the filing of a motion for leave to amend, with the amended pleading attached, was insufficient to toll the statute. Although we agree that the complaint should have been dismissed, we do so for a different reason, which is that plaintiff failed to serve the new defendants for more...

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