Florida District Courts of Appeal, 1987

Change v. Mathies

Change v. Mathies
Florida District Courts of Appeal · Decided June 10, 1987 · Anstead, Dell, Gunther
508 So. 2d 49; 12 Fla. L. Weekly 1437; 1987 Fla. App. LEXIS 8735 (Southern Reporter, Second Series)

Change v. Mathies

Opinion of the Court

PER CURIAM.

We reverse and remand for a new hearing before the trial court for the purpose of determining the circumstances surrounding the appellant’s failure to substitute the estate, if any, of a deceased defendant in accord with the provisions of Florida Rule of Civil Procedure 1.260(a)(1). Our reversal is predicated upon the trial court’s erroneous conclusion that it was without discretion to consider appellant’s contentions. *50See Stroh v. Dudley, 476 So.2d 230 (Fla. 4th DCA 1985).

ANSTEAD, DELL and GUNTHER, JJ., concur.

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