In short: In Anderson v. Epstein (2016), the Third District held that a condo owner’s 2014 claims for breach of contract, trespass, nuisance and negligence against the penthouse owner related back to her 2009 injunction complaint, because both arose from the same roof leak. The dismissal on statute-of-limitations grounds was reversed as to him.
The Facts
The plaintiff owned a second-floor unit in a Miami Beach condominium, directly below the roof. The owner of the penthouse unit on the roof installed outdoor carpet on the flat roof. She alleged the city cited the installation because it was done without permits and without proper drainage, and that water then poured into her unit, causing mold that made it uninhabitable.
In October 2009 she filed an emergency complaint asking the court to order the penthouse owner and the association to give her roof access so the violation could be fixed. That complaint described the water damage and mold. In 2010 she filed a separate negligence suit against the association, and the two cases were consolidated in 2011.
In late 2014 she was allowed to file one amended complaint covering both cases. It added claims for breach of contract, trespass, nuisance and negligence against the penthouse owner (and his trust), and several claims against the association. The trial court dismissed everything against the penthouse owner and his trust as time-barred, and threw out most of the claims against the association on the same ground.
The Decision
The Third District reversed the dismissal as to the penthouse owner. She did not dispute that the new claims were filed after the limitations periods ran, but the court held they related back to the 2009 complaint because they came from the same occurrence, water leaking into her unit from the roof. The 2009 complaint gave him fair notice of that fact situation even though it asked only for an injunction. His own lawyer conceded the point at oral argument.
The court also reversed as to his trust, because only he had moved to dismiss; the trust never filed or joined a motion. The appeal against the association was dismissed as premature, because a negligence count against it was still pending, so there was no final order. The court added that consolidated cases keep their separate identities, which mattered to which claims could relate back to which complaint.
The Law
Relation back is governed by Florida Rule of Civil Procedure 1.190(c). If an amended pleading’s claim arises out of the same conduct, transaction or occurrence set out in the original pleading, it is treated as filed on the date of the original. The Florida Supreme Court has said the rule should be read liberally. The test is fair notice of the general fact situation, not whether the legal theory is the same.
Statutes of limitations are in section 95.11. When this case was decided, negligence, trespass and nuisance carried four years and a written contract five. Today, after the 2023 tort reform law, general negligence claims carry two years under section 95.11(5)(a), while an action on a written contract remains five years under section 95.11(2)(b) and trespass on real property remains four years under section 95.11(4).
Current law (2026): Section 95.11 was restructured by ch. 2023-15, Laws of Fla. (HB 837): general negligence actions now have a two-year limit under s. 95.11(5)(a) (formerly four years under s. 95.11(3)(a)). Written-contract actions remain five years (s. 95.11(2)(b)); trespass on real property four years (s. 95.11(4)). Rule 1.190(c) relation-back text is unchanged in substance.
Lessons
- If you file anything about a property problem, describe the full factual story, including the damage. That early complaint can preserve later claims for money.
- New legal theories can be added after the limitations period if they come from the same facts already pleaded. Relation back is about notice, not labels.
- Consolidating two cases does not merge them. Each case keeps its own parties and claims, so think about which complaint you are amending.
- A defendant who did not move to dismiss should not get the benefit of someone else’s motion.
Source: Anderson v. Epstein, No. 3D15-1050 — Fla. 3d DCA (September 28, 2016).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Condo Roof Leak: Can a New Complaint Relate Back to 2009? | Anderson v. Epstein, 3D15-1050
Go Deeper
- Florida Condo Owners' Rights: Special Assessments, Records, and Disputes With the Association
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
What does relation back mean in a Florida lawsuit?
Under Florida Rule of Civil Procedure 1.190(c), an amended claim is treated as filed on the date of the original complaint if it arises from the same conduct, transaction or occurrence. That can save a claim that would otherwise be barred by the statute of limitations, as happened in Anderson v. Epstein.
Can I add new claims after the statute of limitations runs in Florida?
Sometimes. If the original complaint, filed on time, gave the defendant fair notice of the general facts, new legal theories based on those facts can relate back. Claims based on a different event usually cannot. Adding a brand-new defendant raises separate issues.
How long do I have to sue for water damage from a neighbor's condo unit in Florida?
It depends on the claim. Since 2023, general negligence claims have a two-year limit under section 95.11(5)(a). Claims on a written contract, such as a condominium declaration, generally have five years, and trespass on real property has four. When the clock starts can be disputed, so act early.
Does consolidating two cases combine them into one lawsuit?
No. Florida courts treat consolidation as a procedural step. Each case keeps its own parties and claims. In Anderson v. Epstein, that meant the penthouse owner’s status as a party in the 2009 case, and only a third-party defendant in the 2010 case, controlled which claims could relate back.
Talk to a Florida condominium and real estate lawyer
Weidner Law, P.A. handles Florida condominium and real estate disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
