SCUTIERI v. MILLER

No. 90-686.

584 So.2d 15 (1991)

Philip J. SCUTIERI, Jr., Appellant, v. Samuel MILLER, Deceased, by and through His Estate or Personal Representative, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied and Clarification Granted September 16, 1991.


Attorney(s) appearing for the Case

Hal Vogel, Miami, for appellant.

Walton, Lantaff, Schroeder & Carson, G. Bart Billbrough and Geoffrey B. Marks, Miami, for appellee.

Before BASKIN, COPE and GERSTEN, JJ.


Rehearing and Rehearing En Banc Denied and Clarification Granted September 16, 1991.

COPE, Judge.

Plaintiff Philip Scutieri appeals dismissal of his action against defendant Samuel Miller, deceased, for failure to substitute personal representative. We reverse.

Plaintiff sued defendant in tort. During the pendency of the action, defendant died. Defense counsel filed a suggestion of death pursuant to Rule 1.260, Florida Rules of Civil Procedure. Eight...

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