WILSON v. CLARK

No. AG-181.

414 So.2d 526 (1982)

Ray WILSON, Appellant, v. W. Max CLARK, Personal Representative of the Estate of Effie Steele, Deceased, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 8, 1982.


Attorney(s) appearing for the Case

Ferrin C. Campbell, Sr., P.A., Crestview, for appellant.

John P. Townsend of Selby, Chesser, Wingard & Barr, Fort Walton Beach, for appellee.


ERVIN, Judge.

Application of Rule 1.260(a)(1), Florida Rules of Civil Procedure, to the facts of this case suggests that the case will have to be remanded to the lower court to determine whether this cause should be dismissed because the plaintiff/appellee failed to file a timely motion for the substitution of the party plaintiff after the death of the original plaintiff, or whether the time for filing the motion for substitution should be enlarged due to appellee...

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