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Ngày: Thứ bảy, 09-03-2013, 06:34 | Message # 1 |
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Permenter relies on the rule set forth in Smith v. Metropolitan Dade County, 338 So. 2d 878 (Fla. 3d DCA 1976), which holds that a motion to amend a complaint tolls the statute of limitations and the amended complaint relates back to the time of filing the motion to amend. Frew v. Poole & Kent Co., 654 So. 2d 272 (Fla. 4th DCA 1995), is also cited as following the holding in Smith that a motion to amend tolls the statute of limitations. We must admit some confusion about the position of the Fourth District on this question. In Troso v. Florida Insurance Guaranty Ass'n, 538 So. 2d 103 (Fla. 4th DCA 1989), the Fourth District recognized a conflict with Smith. See also R.A. Jones & Sons, Inc. v. Holman, 470 So. 2d 60 (Fla. 3d DCA 1985) (noting conflict between Third and Fourth Districts on this issue). In Frew, however, the Fourth District denies conflict and adopts the Third District's rule in Smith. See Frew, 654 So. 2d at 274. Because we do not find these decisions persuasive, we certify conflict with Smith and Frew. Banish Tonsil Stones Reviews <a href="http://abenteuerfinder.com">tonsil stones getting worse</a> Best Remove Tonsil Stones Salt Water ig782035
"(d) The copy of the application attached hereto is hereby made a part of this contract and this policy is issued in consideration of the statements made by the Insured in the application and the payment in advance of Seventeen ($17.00) Dollars as first payment; and the payment in advance, and acceptance by the Association of Premiums of Twelve ($12.00) Dollars Quarterly thereafter, beginning with April 1st, 1933, is required to keep this policy in continuous effect. The mailing of notice to the Insured at least fifteen days prior to the date they are due shall constitute legal notice of dues, and should the premium provided for herein be insufficient to meet the requirements of the Association it may call for the difference not to exceed one additional quarterly premium." Tonsil Stones Sinus Cavity Removal <a href="http://abenteuerfinder.com">tonsil stones video</a> Treat Get Rid Tonsil Stones 2009 ti721488 |
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