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Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; ©
""The critical issue in Rule 15(c) determinations is whether the original complaint gave notice to the defendant of the claim now being asserted." Makro Cap. of Am., Inc. v. UBS AG, 543 F.3d 1254, 1260 (11th Cir. 2008) (alteration and quotation omitted). Mr. Beem's later-filed complaint contains nearly-identical factual allegations regarding non-dischargeability as those in his timely motion. As noted, those allegations were sufficient notice to Mr. Ferguson that Mr. Beem objected to the dischargeability of the debt related to the abuse of process judgement. Thus, the same issue was clearly raised in the original pleading and the complaint may relate back to Mr. Beem's timely filing. See Gibson v. Resolution Tr. Corp., 51 F.3d 1016, 1027 (11th Cir. 1995) ("[A]mendments to complaints relate back to the original filing date when the issue was raised in the original complaint.")."
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