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FABBIANO v. DEMINGS

No. 5D11-3094.

91 So.3d 893 (2012)

Frank R. FABBIANO, Appellant, v. Jerry L. DEMINGS, in his official capacity, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

June 29, 2012.

Attorney(s) appearing for the Case

John W. Dill of Morgan & Morgan, P.A., Orlando, for Appellant.

Bobby G. Palmer, Jr. , and Deborah I. Mitchell of Hilyard, Bogan & Palmer, P.A., Orlando, for Appellee.

TORPY, J.

The issue in this personal injury case is whether the trial court erred in denying Appellant's motion to amend his complaint to change his legal theory of recovery from negligence to battery after the statute of limitations had expired on the battery claim. Although the battery claim was based upon the identical operative facts as the negligence claim, the lower court denied the amendment because the amended complaint...

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