Lindsey v. Raulerson

I agree with the reversal based solely upon Dr. Trinidad Garcia’s lack of standing. However, in order to avoid further imposition upon an already overburdened trial judge, I make some additional, nonbinding observations on the underlying issue. The question presented here is whether the attempted amendment should relate back to the filing of original, timely complaint as correction of a misnomer, or whether the new complaint would amount to institution of a new cause of action after the statute has run.

A holding either way would have merit. In choosing between them, it is important to…