JUDITH MARTIN, APPELLANT,
v.
STEVEN MARTIN, APPELLEE
JUDITH MARTIN, APPELLANT,
STEVEN MARTIN, APPELLEE
554 So. 2d 12
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Appeal dismissed. Friends of the Everglades, Inc. v. South Florida Regional Planning Council, 447 So. 2d 902 (Fla. 3d DCA 1984); Halloran v. Pensacola Association of Life Underwriters, Inc., 395 So. 2d 554 (Fla. 1st DCA 1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Metcalfe v. Spencer LEE, M.D. & Mark A. Pinsky, M.D., P.A., 952 So. 2d 624 (Fla. 4th DCA 2007)…e aforementioned ninety-day period. A motion under this rule is deemed to be made when filed with the clerk along with the corresponding notice of hearing or when both documents are served within the ninety days. See Mut. of Omaha Ins. Co. v. White, 554 So. 2d 12, 13 (Fla. 3d DCA 1989) (“In the absence of an express requirement that the motion for substitution be filed within ninety days, we conclude that the generic term ‘made,’ when read in context, contemplates that the motion for substitution is timely i…
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Stern v. Hillel A. Horwitz, 249 So. 3d 688 (Fla. 2d DCA 2018)…y. The rule provides that if the motion for substitution is not "made within [ninety] days" after the party's death is suggested on the record, then "the action shall be dismissed as to the deceased party."1 See Mut. of Omaha Ins. Co. v. White, 554 So. 2d 12, 13 (Fla. 3d DCA 1989) ("[T]he generic term 'made,' when read in context, contemplates that the motion for substitution is timely if served or filed within ninety days."). In other words, dismissal is not warranted once two things occur: (1) the…
Authorities Cited
- Friends OF THE Everglades, Inc. v. S. Fla. Reg'l Planning Council & City Nat'l Bank of Miami, 447 So. 2d 902 (Fla. 3d DCA 1984)
- Halloran v. Pensacola Ass'n OF Life Underwriters, Inc., 395 So. 2d 554 (Fla. 1st DCA 1981)