Rodriguez v. Di Lido Beach Hotel Corp.
Docket: Nos. 99-774, 99-773
Court: District Court of Appeal of Florida; December 28, 1999; Florida; State Appellate Court
Errors in the complaint were not identified by the defense until after the statute of limitations expired, without causing prejudice to the plaintiffs. Citing principles from *Salcedo v. Asociacion Cubana, Inc.* and *Sobel v. Jefferson Stores, Inc.*, the court reversed the dismissal orders and directed that the plaintiffs be allowed to amend the complaint to accurately reflect the accident's location and the responsible party's name. The amendments will relate back to the original filing date of the complaint, as supported by *Argenbright v. J.M. Fields Co.*. The case is reversed and remanded with instructions.