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TUCKER v. FIRESTONE TIRE AND RUBBER COMPANY

No. 89-00553.

552 So.2d 1178 (1989)

Emmett TUCKER and Cone Brothers Contracting Company, Appellants, v. The FIRESTONE TIRE AND RUBBER COMPANY and Don Olson's Firestone, Inc., Appellees.

District Court of Appeal of Florida, Second District.

November 22, 1989.

Attorney(s) appearing for the Case

James W. Anderson of Lewis & McKenna, Tallahassee, for appellant Emmett Tucker.

David R. Tyrrell of Hill, Ward & Henderson, Tampa, for appellee The Firestone Tire and Rubber Co.

Nancy A. Lauten of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellee Don Olson's Firestone, Inc.

PATTERSON, Judge.

This appeal arises from a final order of dismissal of a personal injury action. We reverse.

Plaintiff Emmett Tucker died during the course of his litigation against defendants Firestone Tire and Rubber Co. and Don Olson's Firestone, Inc. A suggestion of death was filed on March 1, 1988. Pursuant to Florida Rule of Civil Procedure 1.260(a)(1), a motion for substitution of parties must be made within ninety days of the date a suggestion of...

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