Crosby v. Paxson Electric Co.

District Court of Appeal of Florida

Crosby v. Paxson Electric Co.

576 So. 2d 906, 1991 Fla. App. LEXIS 2740, 1991 WL 39320

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1991

DocketNo. 90-1653

StatusPublished

Cited by1 cases

This text of 576 So. 2d 906 (Crosby v. Paxson Electric Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crosby v. Paxson Electric Co., 576 So. 2d 906, 1991 Fla. App. LEXIS 2740, 1991 WL 39320 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Appellants challenge the lower court’s entry of summary final judgment in favor of appellee. They contend that their amended complaint relates back, in that appellee suffered no prejudice when substituted for “John Doe Inc.” as a party. We find the statute of limitations argument, relied upon by appellee below and on appeal was previously raised before a different judge in the same case and court and in a previous appeal to this court. 534 So.2d 787. Therefore, we find that the “law of the case” doctrine governs, and we reverse for further proceedings. See Airvac, Inc. v. Ranger Ins. Co., 330 So.2d 467 (Fla.1976); Alford v. Summerlin, 423 So.2d 482 (Fla. 1st DCA 1986); Valsecchi v. Proprie[907]*907tors Ins. Co., 502 So.2d 1310 (Fla. 3d DCA 1987).

REVERSED.

BOOTH and MINER, JJ., and WENTWORTH, Senior Judge, concur.

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PER CURIAM.

Appellants challenge the lower court’s entry of summary final judgment in favor of appellee. They contend that their amended complaint relates back, in that appellee suffered no prejudice when substituted for “John Doe Inc.” as a party. We find the statute of limitations argument, relied upon by appellee below and on appeal was previously raised before a different judge in the same case and court and in a previous appeal to this court. 534 So.2d 787. Therefore, we find that the “law of the case” doctrine governs, and we reverse for further proceedings. See Airvac, Inc. v. Ranger Ins. Co., 330 So.2d 467 (Fla.1976); Alford v. Summerlin, 423 So.2d 482 (Fla. 1st DCA 1986); Valsecchi v. Proprie[907]*907tors Ins. Co., 502 So.2d 1310 (Fla. 3d DCA 1987).

REVERSED.

BOOTH and MINER, JJ., and WENTWORTH, Senior Judge, concur.

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576 So. 2d 906, 1991 Fla. App. LEXIS 2740, 1991 WL 39320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crosby-v-paxson-electric-co-fladistctapp-1991.

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