CHARLES E. MILLER, ETC., PETITIONER,
v.
EARLE BENNETT, ETC., ET AL., RESPONDENTS
CHARLES E. MILLER, ETC., PETITIONER,
EARLE BENNETT, ETC., ET AL., RESPONDENTS
339 So. 2d 653
Florida Supreme Court (1976)
Positive Treatment
Cited by 9 cases
Opinion of the Court
BOYD, Judge.
We issued a writ of certiorari because the decision of the District Court of Appeal, First District, reported at 323 So. 2d 710 conflicted with other decisions of Florida appellate courts. In the meantime we rendered an opinion in Hanley v. Liberty Mutual Ins. Co., 334 So. 2d 11 (Fla.1976), which disposes of the issue in this case in favor of the District Court decision.
Accordingly, the writ is discharged and the petition for certiorari is denied.
It is so ordered.
OVERTON, C. J., and ADKINS, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Schaeffler v. Yuliya Deych and Boris Bezrodnyy, 38 So. 3d 796 (Fla. 4th DCA 2010)…to an action dies, “the action abates until the deceased party’s estate, or other appropriate legal representative, has been substituted pursuant to rule 1.260(a)(1).” Cope v. Waugh, 627 So. 2d 136, 136 (Fla. 1st DCA 1993) (citing Floyd v. Wallace, 339 So. 2d 653 (Fla.1976)). Florida Rule of Civil Procedure 1.260(a)(1) (2008) provides that: If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. [*800] The motion for substitution may be made by any…1 / 2
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Cope v. Waugh, 627 So. 2d 136 (Fla. 1st DCA 1993)…hich the trial court ultimately granted. Upon the death of an indispensable party, the action abates until the deceased party’s estate, or other appropriate legal representative, has been substituted pursuant to rule 1.260(a)(1). Floyd v. Wallace, 339 So. 2d 653 (Fla.1976). Accordingly, it was error for the trial court to enter judgment before the defendant’s estate had been substituted as a party. Therefore, we reverse the summary final judgment, and remand for further proceedings consistent with this opin…
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Wallace v. Keldie, 249 So. 3d 747 (Fla. 1st DCA 2018)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hanley v. Liberty Mut. Ins. Co., 334 So. 2d 11 (Fla. 1976)
- Lucious Sloan v. State, 323 So. 2d 710 (Fla. 1st DCA 1975)
- Miller v. Earle Bennett, 323 So. 2d 710 (Fla. 1st DCA 1975)