(concurring specially).
I concur in the main opinion. I write separately to note that it appears from the materials before us that neither the trial court nor this Court has been presented with the issue whether the factual requirements necessary to invoke Rule 15(c)(3), Ala. R. Civ. P., were satisfied in this case. Compare Ex parte Empire Gas Corp., 559 So.2d 1072 (Ala.1990); see also Peacock v. Clay, 831 So.2d 33 (Ala.Civ.App.2001).