Claims in Amended Pleadings Relate Back – Not Time Barred

This case was marred by rather convoluted pleadings resulting from the consolidation of two separate suits filed by the same Plaintiff in 2009 and 2010. Post consolidation, the trial court permitted the Plaintiff – who was common to both cases – to file a single Amended Complaint. The Amended Complaint bore both the 2009 and 2010 case numbers, alleged a single set of facts, and asserted six separate counts. The trial court ultimately dismissed the Amended Complaint on the basis of the statute of limitations.

On appeal, the Third DCA criticized the trial court for allowing a single pleading in a consolidated case.

“Consolidation does not merge suits into a single cause or change the rights of the parties, or make those who are parties in one suit parties in another. Rather, each suit maintains its independent status with respect to the rights of the parties involved.” Shores Supply Co. v. Aetna Cas. & Sur. Co., 524 So. 2d 722, 725 (Fla. 3d DCA 1988) (quoting Wagner v. Nova Univ., Inc., 397 So. 2d 375, 377 (Fla. 4th DCA 1981)).

The Third DCA went on to trace each count in the Amended Complaint back to the original pleading in order to determine whether the causes of action in the Amended Complaint related back to the original filing.

Florida Rule of Civil Procedure 1.190(c) governs the relation back of amendments and provides as follows:

(c) Relation Back of Amendments. When the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment shall relate back to the date of the original pleading.

Analyzing the case at hand, the Third DCA stated:

The Supreme Court of Florida has reiterated that “rule 1.190(c) is to be liberally construed and applied.” Caduceus Props., LLC v. Graney, 137 So. 3d 987, 992 (Fla. 2014). This Court has stated that the proper test of relation back of amendments is not whether the cause of action stated in the amended complaint is identical to that stated in the original, but “whether ‘the original pleading gives fair notice of the general fact situation out of which the claim or defense arises.’ ” Flores v. Riscomp Indus., Inc., 35 So. 3d 146, 148 (Fla. 3d DCA 2010) (quoting Kiehl v. Brown, 546 So. 2d 18, 19 (Fla. 3d DCA 1989)).

Here, the underlying facts in the Amended Complaint were sufficiently similar to put the Defendants on notice of the claims and the Third DCA overturned the trial court’s dismissal.

Anderson v. Epstein, 3D15-1050 (Third DCA Sept. 28, 2016).