PALM BEACH COUNTY, Appellant,
v.
SAVAGE CONSTRUCTION CORP., Wausau Underwriters Insurance Company, and Employers Insurance of Wausau, a Mutual Company, Appellees.
District Court of Appeal of Florida, Fourth District.
*1333 Patti A. Velasquez, West Palm Beach, for appellant.
Franklin L. Hileman of David R. Elder, P.A., Coconut Grove, for appellеes.
HERSEY, Judge.
In an action on a payment and performance bond, appellаnt, Palm Beach County, sued appellee, Wausau Underwriters Insurance as the surety. Thе actual surety on the bond was Employers Insurance of Wausau, a Mutual Company. Bеfore appellant learned of its error the statute of limitations had expired. The trial court refused to rule that an amended complaint containing the proper name of the surety related back to the original filing. The issue is whether apрellant's error in naming the surety was merely a misnomer, which entitled appellant to have its amended complaint relate back to the date of original filing thus avoiding the statute of limitations defense.
Rule 1.190(c), Florida Rules of Civil Procedure, provides that undеr certain circumstances an amendment should be considered to relate bаck to a prior filing. It is well settled that the rule is to be construed liberally. Schachner v. Sandler,
Now the objective of all pleading is merely to provide a method for setting out the opposing contentions of the parties. No longer are we concerned with the "tricks and technicalities of the trade." The trial of a lawsuit should be a sincere effort to arrive at the truth. It is no longer a game of chess in which the technique of the maneuver captures thе prize.
Id. at 664.
Courts have generally applied the relation-back doctrine when a misnomer occurs. See, e.g., Galuppi v. Viele,
In the present case there are sevеral factors indicative of a close alliance between the two separate corporations. Those that would seem to justify an inference (that a reference to one could reasonably be found to be simply a misnomer fоr the other) arise as follows:
*1334 1. Appellant made several inquiries before detеrmining that Wausau Underwriters Insurance was the proper defendant:
a. in a telephone call to the Florida Department of Insurance and Treasury appellant was advised that Wausau was the proper name to employ;
b. in a conversаtion with one of the companies' registered agents in Miami appellant was told that all the companies were the same and it did not matter who was actually named in the suit;
c. the response to a letter written by appellant to Employers Insurаnce of Wausau was written on the letterhead of Wausau, not Employers;
d. appellant leаrned that Employers owns 100% of a holding company identified as Wausau Service Corрoration, which, in turn, owns 100% of Wausau;
e. appellant also learned that:
i. the companies operate out of a single office;
ii. they share a single telephone line;
iii. they have overlapping officers and directors;
iv. they share consolidated financial statements аnd registration statements.
2. A single attorney represented both companies;
3. Both companies received service of process through the same individuals at the same location.
Under these circumstances wе have no hesitancy in holding that reference in the complaint to Wausau was simply a misnomer for Employers. We reverse and remand for further proceedings in accordance with this opinion. Our resolution makes it unnecessary to consider the second point on appeal.
REVERSED AND REMANDED.
PARIENTE, J., and WALDEN, JAMES H., Senior Judge, concur.
