McKEE v. FORT LAUDERDALE PRODUCE CO

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Docket Number

No. 4-86-0096.

Advocates

Robert C. Meacham of Gillespie, McCormick, McFall, Gilbert McGee, Fort Lauderdale, for
Melanie G. May of Bunnell, Denman Woulfe, P.A., Fort Lauderdale, for

Judges

PER CURIAM.
STONE, Judge, dissenting.

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CAROL ANN McKEE AND LOIS JEAN KNOEPFEL, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF EDWARD A. BLOCH, DECEASED, AND FOR THE USE AND BENEFIT OF HARTFORD ACCIDENT INDEMNITY CO., APPELLANTS, v. FORT LAUDERDALE PRODUCE COMPANY, INC., SYDNEY PLUMMER AND INDIANA INSURANCE COMPANY, APPELLEES.

PER CURIAM.

Upon review of the record we conclude that the amended complaint against appellees relates back to the date of filing of the third party complaint and is not barred by the statute of limitations. Gatins v. Sebastian Inlet Tax District, 453 So.2d 871 (Fla. 5th DCA 1984). We therefore reverse and remand for further proceedings.

DELL and WALDEN, JJ., concur.

STONE, J., dissents with opinion.

STONE, Judge, dissenting.

Although I concur in the result reached in Gatins, in my view it is not applicable here.

CAROL ANN McKEE AND LOIS JEAN KNOEPFEL, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF EDWARD A. BLOCH, DECEASED, AND FOR THE USE AND BENEFIT OF HARTFORD ACCIDENT INDEMNITY CO., APPELLANTS, v. FORT LAUDERDALE PRODUCE COMPANY, INC., SYDNEY PLUMMER AND INDIANA INSURANCE COMPANY, APPELLEES.

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