District Court of Appeal of Florida

In a medical malpractice action wherein the original plaintiff died and his widow was being substituted as the party, dismissal of plaintiff's complaint under Florida Rule of Civil Procedure 1.260(1) is reversed since Rule 1.260 does not implicitly require the formal appointment of an appropriate representative on behalf of an estate within a requisite period, but requires only that a motion to substitute be filed within that period, which was done in by the widow in the case.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

Judges

• GRIFFIN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Ricardo L. Carmona, of Ricardo L. Carmona, P.A., Coral Gables, for Appellant.


• For Appellees:
  
• Vance R. Dawson, and Laura B. Floyd, of Rissman, Weisberg, Barrett, Hurt, Donahue McLain, P.A., Orlando, for Appellee.