Caduceus Properties, LLC v. William G. Graney, P.E.

Supreme Court of Florida
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No. SC12-1474
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CADUCEUS PROPERTIES, LLC, et al.,
Petitioners,
vs.
WILLIAM G. GRANEY, P.E., et al.,
Respondents.
[February 27, 2014]
PARIENTE, J.
The certified conflict between the First District Court of Appeal in Graney v.
Caduceus Properties, LLC, 91 So. 3d 220 (Fla. 1st DCA 2012), and the Fifth
District Court of Appeal in Gatins v. Sebastian Inlet Tax District, 453 So. 2d 871(Fla. 5th DCA 1984), involves the scope of Florida Rule of Civil Procedure
1.190(c) governing the relation back of an amendment to a pleading filed by a
party during the course of litigation. 1 Specifically, the conflict issue is whether an
amended complaint, naming a third-party defendant as a party defendant, relates
back to the filing of the third-party complaint for statute of limitations purposes.
1. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
For the reasons that follow, we conclude that an amended complaint filed
after the statute of limitations has expired, naming a party who had previously been
made a third-party defendant as a party defendant, relates back under rule 1.190(c)
to the filing of the third-party complaint. For the amended pleading to be timely in
this situation, the third-party complaint must have been filed prior to the expiration
of the statute of limitations and the plaintiff’s claims in the amended complaint
must arise from the same “conduct, transaction, or occurrence” set forth in the
third-party complaint. Accordingly, we quash the First District’s decision in
Graney, which limited the scope of the relation-back doctrine in a manner
inconsistent with the meaning and intent of the applicable Florida Rules of Civil
Procedure, and we approve the Fifth District’s decision in Gatins.
FACTS
This case arises from litigation concerning a malfunctioning heating,
ventilation, and air conditioning (HVAC) system installed in a new ambulatory
surgical center. The owner of the building is the plaintiff, Petitioner Caduceus
Properties, LLC. Caduceus leases a portion of the building to co-Petitioner
Tallahassee Neurological Clinic, P.A. (“TNC”). The building architect was
Michael Lee Gordon, who subcontracted the design of the HVAC system to
Respondents KTD Consulting Engineers, Inc., and its principal, William G.
Graney.
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In late 2005, the HVAC system designed by KTD began to fail. TNC
contacted Gordon and KTD concerning the system failure, and the parties
unsuccessfully attempted to remedy the HVAC problems over the next ten months.
In July 2006, Caduceus initiated this litigation by suing Gordon, with whom it was
in privity. In March 2007, Gordon initiated a third-party action against KTD and
Graney. Pursuant to Florida Rule of Civil Procedure 1.180, which governs third-
party practice, Gordon alleged that KTD and Graney were liable for all or part of
Caduceus’ claims against Gordon. Ultimately, Gordon’s third-party claims were
dismissed, and he declared bankruptcy during trial. 2
In June 2010, after the statute of limitations governing Caduceus’ original
action had expired, Caduceus sought to amend its complaint to add TNC as a party
plaintiff and to name third-party defendants, KTD and Graney, as party defendants
to the action. 3 The trial court granted this motion, pursuant to a joint stipulation in
which all of the parties agreed to the addition of TNC as a party plaintiff and to
2. After KTD and Graney were named party defendants, but before trial,
Gordon’s third-party complaint against KTD and Graney was dismissed because
Gordon failed to comply with a court order. Additionally, because Gordon filed
for bankruptcy protection during the trial of this case, the litigation was
automatically stayed, no judgment was entered against him, and he was never a
party in the First District or in this Court.
3. The case had previously been stayed for thirteen months while the parties
attempted to correct the problems with the HVAC system. Unsuccessful mediation
also occurred in May 2010.
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naming KTD and Graney as party defendants, while reserving all defenses, so long
as the trial was continued. The trial court continued the trial for seven months.
In their answer and affirmative defenses to the amended complaint, KTD
and Graney raised the statute of limitations as an affirmative defense and moved
for involuntary dismissal based on this defense after presenting their case during
trial. The trial court denied the motion and proceeded with the trial, entering
judgment in favor of Caduceus and TNC with respect to all of their claims against
KTD and Graney, and awarding a total of $489,134.52 in damages. 4 KTD and
Graney appealed this decision to the First District.
On appeal, the First District addressed only the statute of limitations issue
and reversed the trial court’s judgment on that basis in a two-to-one split decision.
Graney, 91 So. 3d at 228. Specifically, the First District framed the issue as
whether the amended complaint related back to the filing of the original complaint
filed by Caduceus against Gordon. 5 Id. at 224. The First District held that the
amended complaint did not relate back and was barred by the statute of limitations
because “[r]elation back should only be permitted where there is a mistake or
4. The trial court awarded Caduceus $453,793.41 and awarded TNC
$35,341.11.
5. The First District incorrectly framed the issue in this case. In actuality,
the issue is whether the amended complaint relates back to the filing of the third-
party complaint filed by Gordon against KTD and Graney.
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misnomer in identifying a party defendant, not a mistake in failing to add a party
defendant.” Id. at 228.
Accordingly, the First District certified that its decision conflicted with the
Fifth District’s decision in Gatins, 453 So. 2d at 875, which held that an amended
complaint naming the third-party defendant as a party defendant to the original
action was not barred by the statute of limitations, provided that the third-party
defendant was impleaded prior to the expiration of the statute of limitations and
“the plaintiff’s claim concerns the same issues as are raised in the third party
complaint.” Judge Van Nortwick dissented from the First District’s decision in
Graney, stating that he would adopt the rationale of Gatins and affirm the trial
court’s ruling because the third-party complaint filed by Gordon against KTD and
Graney put KTD and Graney on notice “within the limitations period that they
were being sued for defects in the HVAC system and that they could be liable for
damages.” Graney, 91 So. 3d at 229 (Van Nortwick, J., dissenting).
ANALYSIS
The conflict issue is whether an amended complaint, naming a third-party
defendant as a party defendant, relates back to the filing of the third-party
complaint for statute of limitations purposes. This question is one of law, and our
standard of review is de novo. Pino v. Bank of N.Y., 121 So. 3d 23, 31 (Fla.
2013).
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Pursuant to Florida Rule of Civil Procedure 1.180, which governs third-party
practice, a defendant may bring a third party into the suit “who is or may be liable
to the defendant for all or part of the plaintiff’s claim against the defendant.” Fla.
R. Civ. P. 1.180(a). Once the original defendant has impleaded a third party, “[t]he
plaintiff may assert any claim against the third-party defendant arising out of the
transaction or occurrence that is the subject matter of the plaintiff’s claim against
the [original] defendant.” Id. However, the plaintiff’s claims against the third-
party defendant are still subject to any available affirmative defenses, including the
statute of limitations. See id.Therefore, in order for a plaintiff’s amended complaint filed after the
expiration of the statute of limitations to be considered timely as to a party
defendant who was previously a third-party defendant, the court must determine
whether the relation-back doctrine of Florida Rule of Civil Procedure 1.190(c)
applies. That rule provides that an amendment relates back to the date of the
original pleading “[w]hen the claim or defense asserted in the amended pleading
arose out of the conduct, transaction, or occurrence set forth or attempted to be set
forth in the original pleading.” Fla. R. Civ. P. 1.190(c).
In Gatins, the Fifth District held that an amended complaint naming the
third-party defendant as a party defendant to the original action was not barred by
the statute of limitations, as long as the third-party defendant had been brought into
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the lawsuit within the limitations period, and “the plaintiff’s claim concerns the
same issues as are raised in the third party complaint.” 453 So. 2d at 873, 875. In
so holding, the Fifth District reasoned that this was “consistent with the principles
governing limitations of actions in our state and with the philosophy behind our
rules of civil procedure.” Id. at 875. We agree with the Fifth District and Judge
Van Nortwick’s dissent in Graney, which adopted the Fifth District’s rationale in
Gatins. 6
Generally, Florida has a judicial policy of freely permitting amendments to
the pleadings so that cases may be resolved on the merits, as long as the
amendments do not prejudice or disadvantage the opposing party. Permitting the
relation back of pleadings under rule 1.190(c) when the claims “arose out of the
conduct, transaction, or occurrence set forth or attempted to be set forth” in the
third-party complaint is consistent with this judicial policy. Fla. R. Civ. P.
6. Although Graney argues that Gatins stands alone in this state, there have
been no contrary cases, and it appears that the reasoning of Gatins has been
followed by both the Third and Fourth District Courts of Appeal. See BMAB E.
Tower, Inc. v. Testwell Craig Labs. & Consultants, Inc., 835 So. 2d 1211, 1211
(Fla. 3d DCA 2003) (citing Gatins and holding that “appellant’s amended
complaint against appellees is not barred by the statute of limitations because it
relates back to the date of filing of the fourth-party complaint”); McKee v. Fort
Lauderdale Produce Co., 503 So. 2d 412, 412 (Fla. 4th DCA 1987) (citing Gatins
and holding that “the amended complaint against appellees relates back to the date
of filing of the third party complaint and is not barred by the statute of
limitations”).
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1.190(c). As rule 1.190(a) sets forth, “[l]eave of court [to amend] shall be given
freely when justice so requires.” Fla. R. Civ. P. 1.190(a). Further, subsection (e),
governing “Amendments Generally,” provides that “[a]t any time in furtherance of
justice, upon such terms as may be just, the court may permit” an amended
pleading. Fla. R. Civ. P. 1.190(e).
Permitting relation back in this context is also consistent with Florida case
law holding that rule 1.190(c) is to be liberally construed and applied. See, e.g.,
Fabbiano v. Demings, 91 So. 3d 893, 894-95 (Fla. 5th DCA 2012) (explaining that
the relation-back rule is to be liberally interpreted and acknowledging that the
underlying “rationale for this rule is grounded in the notion of fair notice”); Flores
v. Riscomp Indus., Inc., 35 So. 3d 146, 148 (Fla. 3d DCA 2010) (explaining that
the relation-back doctrine is to be liberally applied and articulating “the test to be
whether ‘the original pleading gives fair notice of the general fact situation out of
which the claim or defense arises’ ” (quoting Kiehl v. Brown, 546 So. 2d 18, 19
(Fla. 3d DCA 1989))); Bill Williams Air Conditioning & Heating, Inc. v.
Haymarket Coop. Bank, 592 So. 2d 302, 305 (Fla. 1st DCA 1991) (explaining that
amendments to pleadings should be permitted whenever possible, unless doing so
would prejudice the opposing party); Adams v. Knabb Turpentine Co., 435 So. 2d
944, 946 (Fla. 1st DCA 1983) (explaining that when determining whether an
amendment should be permitted under rule 1.190 generally, “all doubts should be
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resolved in favor of allowing amendment” and that “[i]t is the public policy of this
state to freely allow amendments to pleadings so that cases may be resolved upon
their merits”).
The justice of this interpretation of rule 1.190(c) becomes even more
apparent when considering the purpose served by statutes of limitations. Statutes
of limitations are designed to protect defendants from unusually long delays in the
filing of lawsuits and to prevent prejudice to defendants from the unexpected
enforcement of stale claims. See Totura & Co. v. Williams, 754 So. 2d 671, 681
(Fla. 2000) (explaining that the purpose of statutes of limitations is “to promote
justice by preventing surprises through the revival of claims that have been
allowed to slumber until evidence has been lost, memories have faded, and
witnesses have disappeared” (quoting Order of R.R. Tels. v. Ry. Express Agency,
Inc., 321 U.S. 342, 348-49 (1944))). As Judge Van Nortwick pointed out in his
dissent in Graney, the purpose underlying statutes of limitations—namely,
preventing lack of notice and prejudice to the defendant—is not implicated where
the plaintiff’s amended complaint relates back to the filing of the third-party
complaint, as long as the third party was brought into the suit prior to the
expiration of the statute of limitations and the plaintiff’s claims concern the same
conduct, transaction, or occurrence at issue in the third-party complaint. See
Graney, 91 So. 3d at 229 (Van Nortwick, J., dissenting).
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In other words, in determining whether a time-barred amendment to a
pleading that names a third-party defendant as a party defendant relates back to the
date of the third-party complaint, the key inquiry is whether the third-party
complaint put the third-party defendant on notice of the conduct, transaction, or
occurrence from which the plaintiff’s claims against that defendant arose. If so,
then the statute of limitations should not bar such claims. Therefore, in a case in
which the third-party complaint puts the third-party defendant on notice of the
conduct, transaction, or occurrence from which the plaintiff’s claims arose, and the
third-party defendant is already a party to the lawsuit when the plaintiff seeks to
name the third-party defendant as a party defendant, the plaintiff’s amended
complaint naming the third-party defendant as a party defendant should relate back
to the timely filed third-party complaint. 7
7. The approach we adopt is consistent with the approach of other
jurisdictions that permit amended pleadings to relate back to the timely filed third-
party complaint, despite the expiration of the statute of limitations. See, e.g.,
Rakes v. Fairmont Mobile Homes, Inc., 358 S.E.2d 236, 239 (W. Va. 1987) (“[A]
plaintiff may amend the original complaint to bring a direct action against a third-
party defendant who has been timely brought into the action by the defendant, if
the amended complaint is based on the same transaction or occurrence set out in
the original complaint, unless the third-party defendant can show some substantial
prejudice.”); Duffy v. Horton Mem’l Hosp., 488 N.E.2d 820, 823 (N.Y. 1985)
(explaining that the relation-back doctrine applies to an amended complaint filed
after the expiration of the statute of limitations period as long as the claims are
based on the same transaction, conduct, or occurrence; the third-party defendant is
aware of the suit and has been participating; and there is no prejudice to the third-
party defendant); Lawlor v. Cloverleaf Mem’l Park, 266 A.2d 569, 577-78 (N.J.
1970) (holding that the plaintiff’s amendment asserting claims directly against the
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We reject the approach of the First District that would limit the relation-back
doctrine to cases involving “mistake or misnomer,” Graney, 91 So. 3d at 228,
because such a rule would be inconsistent with the policy that rule 1.190(c) should
be liberally construed, as well as the policy underlying the Florida Rules of Civil
Procedure that cases should be resolved on the merits whenever possible. Our
conclusion is also consistent with this Court’s long-standing precedent that an
amended pleading does not actually introduce a new defendant when it merely
adjusts the status of an existing party. See I. Epstein & Bro. v. First Nat’l Bank of
Tampa, 110 So. 354, 355-56 (Fla. 1926) (holding that an amendment filed after the
expiration of the statute of limitations period, seeking to change the status of one
defendant from a representative capacity to an individual capacity and dismissing
the other defendant, was not time-barred because it was merely a change in the
status of the parties before the court and did not introduce a new party or cause of
action). In this case, the amended complaint filed by Caduceus and TNC against
KTD and Graney after the statute of limitations period had expired did not
introduce a new party because “the real parties and interests and the essential
third-party defendant related back to the filing of the third-party complaint, even
though it was filed after the expiration of the statute of limitations period, because
the third-party defendant was fully aware that it was being sought to be held liable
and the plaintiff’s claims were based on the same conduct, transaction, or
occurrence). We are also aware of contrary holdings from other jurisdictions, but
we conclude that those approaches are inconsistent with the policies underlying the
Florida Rules of Civil Procedure.
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elements of the controversy remain[ed] the same.” James v. Dr. P. Phillips Co.,
155 So. 661, 663 (Fla. 1934) (citing Gibbs v. McCoy, 70 So. 86, 86 (Fla. 1915)).
Our holding here also does not disturb the precedent that, generally, the
relation-back doctrine does not apply when an amendment seeks to bring in an
entirely new party defendant to the suit after the statute of limitations period has
expired. See, e.g., Schwartz v. Wilt Chamberlain’s of Boca Raton, Ltd., 725 So.
2d 451, 453 (Fla. 4th DCA 1999); Kozich v. Shahady, 702 So. 2d 1289, 1291 (Fla.
4th DCA 1997). In this case, the plaintiffs did not seek to bring in an entirely new
party defendant who previously had no connection to the litigation. Rather, the
third-party defendants were impleaded by the original defendant in 2007, well
within the statute of limitations period, and were actively involved in the litigation
at the time the plaintiffs sought to name them as party defendants.
Accordingly, we conclude that an amended complaint filed after the statute
of limitations period has expired, naming a party who was previously a third-party
defendant as a party defendant, relates back under rule 1.190(c) to the filing of the
third-party complaint. For the amended pleading to be timely in this situation, the
third-party complaint must have been filed prior to the expiration of the statute of
limitations and the plaintiff’s claims in the amended complaint must arise from the
same “conduct, transaction, or occurrence” set forth in the third-party complaint.
We emphasize that this holding does not remove all discretion from the trial court,
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which must first make a determination that the plaintiff’s claims in the amended
complaint arise from the same “conduct, transaction, or occurrence” as the third-
party complaint. Further, the trial court retains the discretion to deny the
amendment if it is so late in the proceedings that the opposing party would be
unfairly prejudiced and other options, such as a continuance, would be unfair to
either party.
As applied to the facts before us, in this case, “[t]here is no dispute . . . that
the claims [set forth by the plaintiffs in their amended complaint] . . .‘arose out of
the conduct, transaction or occurrence set forth or attempted to be set forth in the
original pleading.’ ” Graney, 91 So. 3d at 224 (quoting Fla. R. Civ. P. 1.190(c)).
The third-party defendants were timely brought into the suit in 2007 and put on
notice, prior to the expiration of the statute of limitations, of the facts from which
the plaintiff’s claims arose. Moreover, in allowing the amendment, the trial court
continued the trial for seven months after the amended complaint was filed so that
any prejudice arising from the change of status from third-party defendants to party
defendants was eliminated.
In considering the delay in naming the third-party defendants as party
defendants in this case, the First District observed that “Caduceus and TNC made
an intentional or tactical decision not to timely bring claims against parties they
knew to be potentially liable,” apparently to bolster the First District’s position that
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it was error for the trial court to allow the amendment. Graney, 91 So. 3d at 228.
While Caduceus and TNC candidly admitted that their decision to name KTD and
Graney as party defendants when they had previously been third-party defendants
did, in fact, relate to Gordon’s financial difficulties that ultimately led to his
bankruptcy and a stay of the action against him, the actions of the plaintiffs in not
initially naming KTD and Graney as party defendants is not the type of tactical
decision that should be considered gamesmanship. We discern no bad faith in the
reasons for the delay that would mandate that the plaintiffs be precluded from
proceeding directly against the engineers who were allegedly at fault for the
malfunctioning HVAC system, especially where they had been actively involved in
the litigation for several years. 8
CONCLUSION
Based on the foregoing, we hold that an amended complaint filed after the
statute of limitations period has expired, naming a party who had previously been
made a third-party defendant as a party defendant, relates back under rule 1.190(c)
to the filing of the third-party complaint. For the amended complaint to be timely
8. Additionally, because Gordon eventually filed for bankruptcy and his
third-party complaint against KTD and Graney was ultimately dismissed due to
Gordon’s failure to comply with a court order, the trial court’s failure to allow this
amended complaint would have effectively rendered the plaintiffs without a
remedy and the ability to recover damages for the faulty design of their HVAC
system.
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in this situation, the third-party complaint must have been filed prior to the
expiration of the statute of limitations and the plaintiff’s claims in the amended
complaint must arise from the same “conduct, transaction, or occurrence” set forth
in the third-party complaint.
Accordingly, we approve the Fifth District’s decision in Gatins, quash the
First District’s decision in Graney, and remand this case for further proceedings
consistent with this opinion.
It is so ordered.
QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
LEWIS, J., concurs in result.
POLSTON, C.J., is recused.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Application for Review of the Decision of the District Court of Appeal - Certified
Direct Conflict of Decisions
First District - Case No. 1D11-2700
(Leon County)
Major B. Harding, Robert N. Clarke, Jr., and Martin B. Sipple of Ausley &
McMullen, P.A., Tallahassee, Florida,
for Petitioners
Lilburn R. Railey, Patrick R. Delaney, and Rouselle A. Sutton, III of Railey,
Harding, Allen & Delaney, P.A., Orlando, Florida,
for Respondents
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