Florida Sample Letter for Service of Amended Complaint

State:
Multi-State
Control #:
US-0097LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.
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  • Preview Sample Letter for Service of Amended Complaint

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FAQ

The Supreme Court must determine what constitutes a mistake for the purposes of invoking the ?relation back? doctrine under Federal Rule of Civil Procedure 15(c), which permits a plaintiff to amend their complaint to name a party after the statute of limitations has already run on a claim.

By its legal definition, the ?relation back doctrine? enables a plaintiff to correct a pleading error, by adding either a new claim or a new party, after the expiration of the statutory limitation period.

A legal concept that holds that the title received by the successful bidder at a foreclosure sale relates back to the time when the borrower first signed the security and which causes most intervening liens except for some tax liens to be uncollectible.

Civ. P. 1.190(d) provides: Upon motion of a party the court may permit that party, upon reasonable notice and upon such tenns as are just, to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented.

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.

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Florida Sample Letter for Service of Amended Complaint