Nolph v. Scott

*861OPINION OP THE COURT

The issue on this appeal is whether CR 15.03 permits an amended complaint, substituting movant Michael Nolph for an “unknown defendant,” to relate back to the time of the original complaint where “unknown defendants” were constructively served by appointment of a warning order attorney.

The trial court ruled relation back was not permitted and granted Movant’s motion for summary judgment. The Court of Appeals reversed. We hold CR 15.03 does not permit relation back under the circumstances of this case and reverse the decision of the Court of Appeals.

Respondent Scott…