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NATIONWIDE MUTUAL INS. CO. v. HOLMES

No. 78-1701.

369 So.2d 656 (1979)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. James G. HOLMES and Emil Frantsi, Appellees.

District Court of Appeal of Florida, Fourth District.

April 4, 1979.

Attorney(s) appearing for the Case

Edna L. Caruso and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellant.

Joel T. Daves, III, of Burdick & Daves, West Palm Beach, for appellee-James G. Holmes.

PER CURIAM.

AFFIRMED.

CROSS and DAUKSCH, JJ., concur.

LETTS, J., dissents with opinion.

LETTS, Judge, dissenting:

I dissent.

The attorney's neglect was not excusable neglect and the motion for relief under Fla.R.Civ.P. 1.540 should not have been granted.

In the case at bar, the only conceivable excuse for failure to file a motion for substitution, is the appellee's allegation that he did not get the copy of the death...

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