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Thomas v. Northside Foods

District Court of Appeal of Florida, Third District
Oct 9, 2002
827 So. 2d 378 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D01-2327

Opinion filed October 9, 2002.

An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge. Lower Tribunal No. 99-30106.

Vereen and Pena, Roderick D. Vereen, Miami, and Stephanie Moon, for appellant.

Hoffman Hoffman, John D. Hoffman, Miami, and Alex Suarez, for appellees.

Before JORGENSON, COPE, and GODERICH, JJ.


In the instant case, the trial court entered final summary judgment in favor of the defendants, Northside Foods, Inc., d/b/a McDonald's Restaurant [Northside Foods], and Mar-Mak, Inc., d/b/a McDonald's Restaurant [Mar-Mak]. Iris Thomas appeals from that portion of the final summary judgment entered in favor of Mar-Mak. We reverse finding that the trial court should have applied the relation back doctrine to the plaintiff's amended complaint that added Mar-Mak as a new defendant, thereby avoiding a statute of limitations bar. A review of the record shows that Mar-Mak had sufficient identity of interest with the original defendant, Northside Foods, as they shared the same officers, directors, and registered agent, such that the new defendant would not be prejudiced. See Fla.R.Civ.P. 1.190(c); Darden v. Beverly Health Rehabilitation, 763 So.2d 542, 542-43 (Fla. 5th DCA 2000) (holding that relation back doctrine can be applied to an amended complaint that adds a new party to the lawsuit if the party "is sufficiently related to an original party such that the addition would not prejudice the new party") (quoting Schwartz ex rel. Schwartz v. Wilt Chamberlain's of Boca Raton, Ltd., 725 So.2d 451, 453 (Fla. 4th DCA 1999)). It appears that the error in naming the defendant arose because the insurance adjuster who represented both entities misidentified the owner of this particular McDonald's Restaurant as being Northside Foods, when the adjuster should have identified the owner as Mar-Mak.

Accordingly, we reverse, in part, and remand for further proceedings consistent with this opinion.


Summaries of

Thomas v. Northside Foods

District Court of Appeal of Florida, Third District
Oct 9, 2002
827 So. 2d 378 (Fla. Dist. Ct. App. 2002)
Case details for

Thomas v. Northside Foods

Case Details

Full title:IRIS THOMAS, Appellant, v. NORTHSIDE FOODS, INC., d/b/a McDONALD'S…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 9, 2002

Citations

827 So. 2d 378 (Fla. Dist. Ct. App. 2002)

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