LAURA ESTERBROOK, etc. v. MASTEC, INC., etc. ( 2022 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed January 12, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-1077
    Lower Tribunal No. 18-42641
    ________________
    Laura Esterbrook, etc.,
    Appellant,
    vs.
    Mastec, Inc., etc., et al.,
    Appellees.
    An Appeal from the Circuit Court for Miami-Dade County, Mark
    Blumstein, Judge.
    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.
    Before LOGUE, SCALES and GORDO, JJ.
    PER CURIAM.
    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)).
    2
    

Document Info

Docket Number: 21-1077

Filed Date: 1/12/2022

Precedential Status: Precedential

Modified Date: 1/12/2022