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Ex parte Johnston-Tombigbee Furniture Manufacturing Co.10/7/2005
rath, supra. The briefs of the parties do not demonstrate any other instance of prejudice that might arise from permitting Johnston-Tombigbee's amendment to relate back.
Accordingly, we conclude that the Court of Civil Appeals erred in determining that Johnston-Tombigbee's amended complaint could not relate back to the filing date of its original complaint under Rule 15(c), Ala. R. Civ. P. It follows that we must reverse the judgment of that court and remand the cause with instructions for that court to consider further those arguments advanced by Scott that the summary judgment must be affirmed even in the event that the claims in Johnston-Tombigbee's amended complaint relate back to the date of the filing of the original complaint.
REVERSED AND REMANDED.
Nabers, C.J., and See, Lyons, Woodall, Stuart, Smith, and Parker, JJ., concur.
Bolin, J., dissents.
BOLIN, Justice (dissenting).
Because I believe that Johnston-Tombigbee in its amended complaint completely changed the factual allegations to allege facts that were not alleged in its original complaint, I believe that the claims alleged in the amended complaint do not relate back to the date of the filing of the original complaint and that they are, therefore, barred by the applicable statute of limitations. See Gulf States Steel, Inc. v White, 742 So. 2d 1264 (Ala. Civ. App. 1999). Accordingly, I must respectfully dissent from the main opinion.
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