Legal Opinion
Bowen v. Cummings
Supreme Court of Alabama
Decided December 4, 1987No. 85-877PublishedCited by 17 opinions
1Opinion of the Court
ON APPLICATION FOR REHEARING
The original opinion in this case is withdrawn and the following is substituted therefor:
The sole issue for our review in this case is whether plaintiff's amended complaint, which attempted to substitute Michael Cummings, M.D., for a fictitious party after the statute of limitations had run, relates back to the date of the filing of the original complaint by operation of Rule 9(h) and Rule 15(c), Alabama Rules of Civil Procedure.
Plaintiff, Horace Bowen, filed a complaint on April 29, 1985, in the Circuit Court of Cleburne County, against the following defendants:
CLE…
2Cases cited3 opinions
- COLUMBIA ENGINEERING INTERN., LTD. v. EspeySupreme Court of Alabama · 1983
- Browning v. City of GadsdenSupreme Court of Alabama · 1978
- Threadgill v. Birmingham Bd. of Ed.Supreme Court of Alabama · 1981
3Cited by17 opinions
- Ex Parte FMC Corp.Supreme Court of Alabama · 1992
- Fulmer v. Clark Equip. Co.Supreme Court of Alabama · 1995
- Jones v. Resorcon, Inc.Supreme Court of Alabama · 1992
- Crowl v. Kayo Oil Co.Supreme Court of Alabama · 2002
- Crawford v. SundbackSupreme Court of Alabama · 1996
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