Green v. Adams
| Decision Date | 18 February 1977 |
| Docket Number | No. 75--775,75--775 |
| Citation | 343 So.2d 636 |
| Parties | Robert GREEN, Individually, and Green Crane Service, Inc., a Florida Corporation, Appellants, v. John H. ADAMS et al., Appellees. |
| Court | Florida District Court of Appeals |
Robert J. Stinnett of Stinnett, Surfus & Martin, Sarasota, for appellants.
Dell & Smith, P.A., and Marjorie D. Gadarian of Jones, Paine & Foster, P.A., West Palm Beach, for appellees.
The main point on appeal as stated by appellants is:
Where an amended complaint is filed after the statute of limitations has run which merely corrects a mistake in the middle initial of a party's name, the amendment relates back to the time of filing of the original complaint.
In our opinion we need not reach that point because the entry of a summary judgment in this cause was not appropriate; but if it were, leave to amend should have been granted.
On December 12, 1973, appellants filed their complaint for negligence against John R. Adams and the appellee insurance companies. On December 28, 1973, before any process was issued or responsive pleadings filed, appellants filed their amended complaint against John H. Adams and the appellee insurance companies. Both complaints were identical except for the middle initial of the individual defendant.
The thrust of both complaints was that appellants had employed Adams as a lawyer to incorporate Green's business and to issue certain classes of stock to Green and one Strout; that Adams had negligently issued the stock in the wrong names, and on December 24, 1969, he negligently allowed Strout to remove the corporate records and stock certificates from Adams' office. Appellants allege they were injured as a result of the negligent act.
After the Clerk of the Circuit Court issued process on October 18, 1974, appellees filed an answer denying the material allegations of the complaint and affirmatively alleging the statute of limitations. On November 26, 1974, appellees filed a motion for summary judgment, attaching to the motion the affidavit of appellee Adams stating, in essence, that he had been available for service of process in Palm Beach County since he was originally employed by appellants as alleged in their amended complaint.
The court heard the motion for summary judgment upon the plaintiffs' amended complaint, defendants' answer, and Adams' affidavit. Some weeks after the hearing, but before the summary judgment under review was entered, appellants filed a motion for leave to file an affidavit and attached to said motion an affidavit of appellant Robert Green. Among other things, the affidavit stated that neither Green nor any other officer of Green Crane Service, Inc., had knowledge of the effects of the negligent delivery that occurred December 24, 1969, 'until on or about January 15, 1970.'
In Florida it is clear that the statute of limitations on a cause of action for a lawyer's negligence begins to run when the client has notice or knowledge of the negligent act....
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Keller v. Reed
...of Trustees v. Caudill Rowlett Scott, Inc., 461 So.2d 239 (Fla. 1st DCA1984), review denied, 472 So.2d 1180 (Fla.1985); Green v. Adams, 343 So.2d 636 (Fla. 4th DCA), cert. denied, 353 So.2d 673 (Fla.1977). Further, all reasonable inferences must be drawn in favor of the nonmoving party. Cau......
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Glass v. Camara, KK-343
...Turchin, 270 So.2d 449 (Fla. 4th DCA 1972), Petroleum Products Corp. v. Clark, 248 So.2d 196 (Fla. 4th DCA 1971), and Green v. Adams, 343 So.2d 636 (Fla. 4th DCA 1977), Cert. den., 353 So.2d 673 (Fla.1977), construing statutes which like Section 95.11(4) postpone the running of the statute ......
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Lustgarten v. MERRILL LYNCH, ETC.
...in his favor, and not the date on which the negligent act which caused the damages was actually committed." Accord Green v. Adams, 343 So.2d 636 (Fla.App. 1977), cert. denied, 353 So.2d 673 (Fla.1977). The rule is no different in Pennsylvania. The Pennsylvania "discovery rule" delays the ac......
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Abbott v. Friedsam, 95-02454
...before the appellants filed their amended complaint, the appellants had no obligation to come forward with any proof. Green v. Adams, 343 So.2d 636 (Fla. 4th DCA), cert. denied, 353 So.2d 673 (Fla.1977). Therefore, the trial court erred in entering summary Although not necessary to our reso......
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4-5 Statute of Limitations
...Inc. v. Kaufman, Englett & Lynd, PLLC, 2011 WL 2981726 (M.D. Fla. 2011) (Tennessee one-year statute of limitations).[78] Green v. Adams, 343 So. 2d 636 (Fla. 4th Dist. Ct. App.), cert. denied, 353 So. 2d 673 (Fla. 1977) ; Abbott v. Friedsam, 682 So. 2d 597 (Fla. 2d Dist. Ct. App. 1996).[79]......