Smith v. Crumm
Smith v. Crumm
Opinion of the Court
We reverse the order of the trial court dismissing appellant’s complaint for failure to substitute parties pursuant to Florida Rule of Civil Procedure 1.260(a). Appellant filed suit against the defendant, only to discover that the defendant was deceased. Thereafter, several requests to extend the time for service of the defendant were granted by the court in order for appellant to secure the appointment of a personal representative of the decedent’s estate in Tennessee. That was accomplished, and the estate was served with process on May 7, 1999, within the time parameters of the last order extending time to effect service. However, the complaint was still styled in the name of the deceased as defendant, even though the deceased had never been made a party to the suit through service. Not until September 28, 1999, did appellant file a motion for substitution of parties, move to “substitute” the estate for the defendant, and file an amended complaint.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.