RODRIGUEZ v. DI LIDO BEACH HOTEL CORPORATION (1999)

District Court of Appeal of Florida,Third District.

Diosa RODRIGUEZ, Appellant, v. DI LIDO BEACH HOTEL CORPORATION, et al., Appellees.

Nos. 99-774, 99-773.

Decided: December 29, 1999

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.

Gregory S. Starr, Fort Lauderdale, for appellant. Conroy, Simberg & Ganon and Brian P. Knight, Hollywood, for appellees.

In the present circumstances, in which the errors in the complaint were or should have been known by the defense before, but were not called to the plaintiff's or the court's attention until after the statute of limitations had run, and there was no other prejudice, the principles stated in Salcedo v. Asociacion Cubana, Inc., 368 So.2d 1337 (Fla. 3d DCA), cert. denied, 378 So.2d 342 (Fla.1979) and Sobel v. Jefferson Stores, Inc., 459 So.2d 433 (Fla. 3d DCA 1984), require the reversal of the orders of dismissal entered below with directions to permit amendments to the complaint to reflect the correct location of the accident and the name of the responsible party defendant, with the amendments deemed to relate back to the date of the filing of the original complaint. See Argenbright v. J.M. Fields Co., 196 So.2d 190, 194 (Fla. 3d DCA), cert. denied, 201 So.2d 895 (Fla.1967).

Reversed and remanded with directions.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network