CANTER v. HYMAN

No. 77-2346.

363 So.2d 29 (1978)

Goldie CANTER, Appellant, v. Jule HYMAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 27, 1978.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellant.

Bercuson & Cahan and David Bercuson, Coral Gables, for appellee.

Before HENDRY, HUBBART and KEHOE, JJ.


KEHOE, Judge.

Appellant, defendant below, brings this interlocutory appeal from the trial court's order substituting personal representative as plaintiff and denying her motion to dismiss the cause of action pursuant to Florida Rule Civil Procedure 1.260. We reverse.

Appellant contends that the trial court erred in failing to dismiss the action pursuant to Florida Rule Civil Procedure 1.260(a)(1) because appellee failed to file an appropriate motion for substitution...

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