La Floridienne, J. Buttgenbach & Co., Societe Anonyme v. Atlantic Coast Line Railway Co.

Citations

• 63 Fla. 213

Syllabus

<p>1. Where a cause of action set forth in an amended pleading is new, difference and distinct from that originally set up, the new pleading is equivalent to the bringing of a new action, and the statute of limitations runs against the new cause of action to the time it is introduced into the pleading.</p> <p>2. The statute and rules allowing amendments do not gire to such amendments the benefit of the legal fiction of relation back to the beginning of the action, so as to deprive a defendant of a right to the bar of a statute of limitations.</p> <p>S. If an amendment of a complaint introduces new matter or a new claim, as to which the statute of limitations has perfected a bar, the bar cannot be avoided by the legal fiction of relation by referring the amendment to the commencement of the suit.</p> <p>4. Where a common law right of action is without leave of court substituted for a wholly different statutory right of action after the common law right of action is barred by the statute of limitations, an order of the court striking the amendment will not be reversed.</p>