Oops! I Sued the Wrong Party and Need to Amend the Complaint AFTER the Expiration of the Statute of Limitations

If you incorrectly sue the wrong party and need to amend to substitute the correct party after the statute of limitations, there is an argument the amendment will relate back to the timely filing of the initial complaint. This means, with the relation back of the amended complaint to the initial complaint, that the amended complaint was timely filed and the expiration of the statute of limitations does not apply. In Friedel v. Edwards, 46 Fla.L.Weekly D2125a (Fla. 2d DCA 2021), a plaintiff sued a defendant stemming from a car accident. However, the defendant had died so the plaintiff moved to...