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KING v. TYREE'S OF TAMPA, INC.

No. 74-1169.

315 So.2d 538 (1975)

Earl KING, Appellant, v. TYREE'S OF TAMPA, INC., D/B/a Tyree's Inc., a Corporation, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 25, 1975.

Attorney(s) appearing for the Case

William A. Seacrest of Peterson, Carr, Harris & Seacrest, Lakeland, for appellant.

M.W. Graybill and Ted R. Manry, III, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.

SCHEB, Judge.

This appeal is from dismissal of the appellant/plaintiff's suit and focuses on the applicability of RCP 1.260(a)(1) as relates to the time for substitution of a successor for a deceased party plaintiff.

In 1971 the plaintiff sued the appellees/defendants on a cause of action arising out of an automobile accident. The plaintiff died on February 9, 1974, during the pendency of the litigation and on May 3, 1974, his attorney, pursuant to RCP 1.260...

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