PROVIDENT LIFE & ACC. INS. CO. v. LEBO

Nos. 76-2088, 76-2089.

355 So.2d 195 (1978)

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, a Foreign Corporation Authorized to Do Insurance Business in the State of Florida, Arthur Hirschberg, and Firemen's Fund Insurance Company, a Foreign Corporation Authorized to Do Insurance Business in the State of Florida, Appellants, v. Robert LEBO, Appellee.

District Court of Appeal of Florida, Third District.

February 21, 1978.


Attorney(s) appearing for the Case

Shutts & Bowen and Brenton Ver Ploeg, Corlett, Merritt, Killian & Sikes, Greene & Cooper, Miami, for appellants.

Tobin & Fisch and Donald E. Krentsa, Miami, for appellee.

Before HAVERFIELD, C.J., and HENDRY and KEHOE, JJ.


HENDRY, Judge.

Appellants, defendants below, bring this consolidated appeal from an order vacating a judgment of dismissal, rendered pursuant to Fla.R.Civ.P. 1.540(b).

There is but one issue on appeal, to-wit: whether the trial court abused its discretion in allowing a substitution of party plaintiff more than 90 days after the filing of a "suggestion of death." We hold that no abuse of discretion has been shown, and affirm.

Fla.R.Civ.P. 1.260(a)(1...

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