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LOPEZ-LOARCA v. COSME

No. 4D09-5149.

76 So.3d 5 (2011)

Roberto LOPEZ-LOARCA, as guardian over person and property of Mario Miguel, incapacitated, Appellant, v. Angel Luis COSME and Aida Luz Dejesus, a/k/a Aida Luz Rivera, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 10, 2012.

Attorney(s) appearing for the Case

Jason D. Weisser of Schuler, Halvorson & Weisser, P.A., West Palm Beach, and Philip M. Burlington and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, for appellant.

George A. David , Coral Gables, for appellees.

MAY, C.J.

The relation back doctrine and its application in a subrogation action form the basis for this appeal. The guardian of the injured party (plaintiff) appeals a final summary judgment that found the plaintiff's individual claim barred by the statute of limitations. The guardian argues the trial court erred in two respects: (1) granting the final summary judgment finding the individual claim barred; and (2) vacating...

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