Civil Litigation
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Thomas v. Northside Foods, Inc., et al.
27 Fla. L. Weekly D2182 (Fla. 3d DCA October 18, 2002)
Where the wrong defendant is named in a complaint, but the named and un-named defendants shared the same officers, directors, and registered agent, there is a sufficient identity of interest between the two defendants so as not to prejudice the newly added defendant. Therefore, a complaint that names the wrong defendant, but sufficient identity of interest exists, should not be barred on statute of limitation grounds under the relation back doctrine.
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