Foss v. Mansell

HENDRY, Judge.

The pivotal question raised by this appeal is whether the trial court erred in granting *803summary judgment in favor of defendant/appellee based upon the statute of limitations as operating to bar an amendment to plaintiff/appellant’s complaint seeking attorney’s fee. Specifically, we are herein concerned with the concept of the “relation back of amendments” under Fla.R.Civ.P. 1.190.

In a prior appeal filed by the defendant, this court reversed a former judgment for the attorney rendered by the circuit court on the ground that where the attorney sued to recover a fee under a written…