BMAB East Tower, Inc. v. Testwell Craig Laboratories & Consultants, Inc.

Full title: BMAB EAST TOWER, INC., Appellant, v. TESTWELL CRAIG LABORATORIES AND…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 15, 2003

835 So. 2d 1211 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-1507.

Opinion filed January 15, 2003.

An appeal from the Circuit Court of Miami-Dade County, Amy N. Dean, Judge. Lower Tribunal Case No. 99-27105.

Isicoff, Ragatz Koenigsberg and Eric D. Isicoff and Louis Perfetti Durante, for appellant.

Moore Goodman and Bruce A. Goodman (Ft. Lauderdale), for appellees.

Before GERSTEN, GREEN, and FLETCHER, JJ.

PER CURIAM.

After reviewing the record, we conclude that appellant's amended complaint against appellees is not barred by the statute of limitations because it relates back to the date of filing of the fourth-party complaint. See McKee v. Fort Lauderdale Produce Co., 503 So.2d 412 (Fla. 4th DCA 1987); Gatins v. Sebastian Inlet Tax Dist., 453 So.2d 871 (Fla. 4th DCA), rev. denied, 513 So.2d 1061 (Fla. 1984).

Reversed and remanded for further proceedings.