Caduceus Properties, LLC, Petitioners v. William G. Graney, P.e., Respondents

Summary

The court held that an amended complaint filed after the statute of limitations expired relates back to a timely third-party complaint when it names a third-party defendant already involved in the litigation and asserts claims arising from the same conduct, transaction, or occurrence. The court rejected limiting relation back to cases involving mistake or misnomer because the third-party defendant received timely notice and was not a wholly new party. The court approved the Fifth District's approach, quashed the First District's decision, and remanded for further proceedings.