WEST VOLUSIA HOSP. AUTHORITY v. JONES

No. 94-2947.

668 So.2d 635 (1996)

WEST VOLUSIA HOSPITAL AUTHORITY, etc., Appellant, v. Kathy M. JONES, as mother, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 1, 1996.


Attorney(s) appearing for the Case

James W. Smith and Todd M. Cranshaw, of Smith, Schoder, Rouse & Bouck, P.A., Daytona Beach, for Appellant.

Rafael E. Martinez and Thomas E. Dukes, III, of Sanders, McEwan, Martinez, Luff & Dukes, P.A., Orlando, for Appellees, Robert G. Ouellette, M.D. and Robert G. Ouellette, M.D., P.A.

Patricia M. Gibson, of Maher, Gibson & Guiley, a Professional Association of Lawyers, Orlando, for Appellees, Kathy M. Jones, as mother and next friend of Michelle Jones, an infant, Kathy M. Jones, in her own right, and Thomas W. Jones.


GRIFFIN, Judge.

We find no reversible error in the many issues raised by appellant, save one. We agree that the lower court erred in permitting the amendment of the complaint to add the victim's father, Thomas Jones, as a party plaintiff after the statute of limitations had run.

An amendment to a complaint relating back to the original complaint after the statute of limitations has run will not be permitted where it brings new parties into a lawsuit. See...

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