BRYANT v. GEOGHAGAN USAA (2020)

District Court of Appeal of Florida, Fifth District.

John H. BRYANT, Jr. and Victoria M. Bryant, Appellants, v. John F. GEOGHAGAN and USAA Casualty Insurance Company, Appellees.

Case No. 5D19-3254

Decided: September 18, 2020

Eric J. Netcher, of Walker, Revels, Greninger & Netcher, PLLC, Orlando, for Appellants. Rhonda B. Boggess, of Marks Gray, P.A., Jacksonville, for Appellee John F. Geoghagan. No Appearance for Appellee USAA Casualty Insurance Company.

John Bryant and Victoria Bryant appeal an order dismissing their claims against John Geoghagan for failure to comply with Florida Rule of Civil Procedure 1.260(a)(1). We conclude that dismissal was proper, but that the dismissal should have been without prejudice. DeArmas v. Blonstein, 356 So. 2d 1339 (Fla. 3d DCA 1978) (concluding that dismissal for failure to timely move to substitute parties pursuant to rule 1.260 should have been without prejudice); see also Wilson v. Pyle, 851 So. 2d 779, 780 (Fla. 2d DCA 2003).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

PER CURIAM.

EVANDER, C.J., LAMBERT and TRAVER, JJ., concur.

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