CHANGE v. MATHIES

No. 4-86-1513.

508 So.2d 49 (1987)

Jean CHANGE, Appellant, v. Sam MATHIES and Nationwide Insurance, Appellees.

District Court of Appeal of Florida, Fourth District.

June 10, 1987.


Attorney(s) appearing for the Case

Hans Feige of Feige & Cranmer, P.A., Coral Springs, for appellant.

David F. Crow of Paxton, Crow & Bragg, P.A., West Palm Beach, for appellee-Nationwide Ins.


PER CURIAM.

We reverse and remand for a new hearing before the trial court for the purpose of determining the circumstances surrounding the appellant's failure to substitute the estate, if any, of a deceased defendant in accord with the provisions of Florida Rule of Civil Procedure 1.260(a)(1). Our reversal is predicated upon the trial court's erroneous conclusion that it was without discretion to consider appellant's contentions.

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