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The Florida Supreme Court disagreed and reversed the First District:
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On appeal, the First District agreed with the sub-consultant that the Owner’s claims was barred by the Statute of Limitations because “elation back should only be permitted where there is a mistake or misnomer in identifying a party defendant, not a mistake in failing to add a party defendant.” Slip Op.
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At trial, the owner and architect obtained a judgment against the sub-consultant and the sub-consultant appealed, arguing the Statute of Limitations had expired on the owner’s claims. The trial court denied the sub-consultant’s motion to dismiss based on the Statute of Limitations. Afterthe Statute of Limitations on the owner’s claims had expired, the owner filed direct claims against the sub-consultant and the individual principal. The Architect, in turn, sued its sub-consultant and the principal of the sub-consultant who designed the HVAC system. In Caduceus Prop., LLC, the owner of a building sued its architect due to a malfunctioning HVAC system. The Florida State Supreme Court recently that a plaintiff can file claims against third-party defendants after the expiration of the Statute of Limitations, provided the third-party plaintiff filed its third-party complaint against the defendant/third-party defendants before the expiration of the Statute of Limitations and the plaintiff’s claims arise out of the same transaction or occurrence as the third-party complaint. When the plaintiff’s claims arise out of the same transaction or occurrence as a timely filed third-party complaint.