The Relation Back Doctrine

The relation back doctrine set forth in Florida Rule of Civil Procedure 1.190(c) provides that an amended pleading relates back to the date of the original pleading when it arises “out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading…” The rule allows amendments to relate back even though the statute of limitations has run in the interim. Lopez-Loarca v. Cosme, 76 So. 3d 5 (Fla. 4th DCA 2011). The original pleading must give fair notice of the general fact situation out of which the claim or defense arises. Flores v. Riscomp Indus., Inc., 35 So. 3d 146 (Fla. 3d DCA 2010). Two recent district court of appeal opinions discussed the relation back doctrine.

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