Lopez-Loarca v. Cosme

The relation back doctrine and its application in a subrogation action form the basis for this appeal. The guardian of the *7injured party (plaintiff) appeals a final summary judgment that found the plaintiffs individual claim barred by the statute of limitations. The guardian argues the trial court erred in two respects: (1) granting the final summary judgment finding the individual claim barred; and (2) vacating an order of default. We hold the trial court erred in entering summary judgment and reverse. We find no error in the trial court’s order vacating the default.

In January 2002,…