motion to dismiss improper party florida

KTD and Graney filed motions to dismiss based on the untimeliness of the claim, which the circuit court denied. However, in June of 2010, after the statute of limitations had run on Caduceus’ original action, Caduceus, among other things, sought to add KTD and Graney as party defendants. Ultimately, Gordon’s third party complaint was dismissed because Gordon failed to comply with a court order thereafter, Gordon filed for bankruptcy. Caduceus sued Gordon in 2006 for the malfunctioning HVAC, and Gordon impleaded Graney in 2007, pursuant to Rule 1.180, Florida Rules of Civil Procedure. The architect for the building, Michael Lee Gordon (“Gordon”), had subcontracted the design of the HVAC system to KTD Consulting Engineers, Inc. 1st DCA 2012), from which the instant appeal was taken.Ĭaduceus Properties, LLC (“Caduceus”) owned a building, whose heating, ventilation, and air conditioning (“HVAC”) unit began malfunctioning in 2005.

5th DCA 1984), and rejected the reasoning of the First District in Graney v. In so holding, the Florida Supreme Court adopted the reasoning of the Fifth District’s decision in Gatins v. Specifically, in Graney, the Florida Supreme Court held that a plaintiff, after the expiration of the statute of limitations, is permitted to add a party defendant to the case, provided that: (1) the new party defendant had already been a named third party defendant based on the same “conduct, transaction, or occurrence” and (2) the statute of limitations had not already run when the new defendant was originally named a third party defendant. 2014), recently resolved a district court of appeal split regarding the application of the relation-back doctrine to third party defendants. The Florida Supreme Court, in Caduceus Properties, LLC v. The relation-back doctrine, found in Rule 1.190(c), Florida Rules of Civil Procedure, holds that amended pleadings, filed after the expiration of the applicable statute of limitations, are permitted because all subsequent pleadings to the original complaint “relate back” to the date of the original complaint’s filing. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A.

Motion to dismiss improper party florida