(251) 299-0101

Relation Back of Amendment Adding Proper Party - Rule 15(c)(3), Ala. R. Civ. P.

Ex parte Brookwood Health Services, Inc., [Ms. 1170054, June 22, 2018] __ So. 3d __ (Ala. 2018).

This decision by Justice Wise issues a writ of mandamus to the Jefferson Circuit Court directing dismissal of Rita Kay’s action under the AMLA against Brookwood Health Services, Inc. based upon expiration of the statute of limitations.

Kay sued Brookwood Baptist Health, LLC shortly before the statute of limitations was set to expire. She subsequently amended the complaint to sue Brookwood Baptist Health, Inc.

The Court held that Kay could not establish relation back of the amendment adding the correct entity because Kay could not establish that Brookwood Baptist Health, LLC received the complaint within 120 days of filing and also could not establish that Brookwood Health Services, Inc. received notice of the complaint within 120 days after she filed it. Ms. *11.

The Court noted that under Rule 15(c)(3), Ala. R. Civ. P., an amendment changing a party must be filed “within the applicable period of limitations or 120 days of the commencement of the action. ...” Ms. *10.

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