ESTERBROOK v. MASTEC INC (2022)

District Court of Appeal of Florida, Third District.

Laura ESTERBROOK, etc., Appellant, v. MASTEC, INC., etc., et al., Appellees.

No. 3D21-1077

Decided: January 12, 2022

Before LOGUE, SCALES and GORDO, JJ.

Leighton Law, P.A.; Jay M. Levy, P.A., and Jay M. Levy, for appellant. Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., and Alexander Muszynski III and Cameron E. Shackelford (Longwood), for appellees.

Affirmed. Garrido v. Markus, Winter & Spitale Law Firm, 358 So. 2d 577, 583 (Fla. 3d DCA 1978) (recognizing that the general rule on the “relation back” of substituted party defendants in amended pleadings requires the plaintiff to demonstrate not only that the new and old defendants have such an identity of interest that the substituted defendant will not be prejudiced, but also “that his failure to join the correct parties at the outset had not been due to his own inexcusable neglect” (quoting 3 Moore's Federal Practice, § 15.15)).

PER CURIAM.

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