SMITH v. CRUMM

No. 4D00-796.

778 So.2d 1088 (2001)

Eleanor SMITH, Appellant, v. Delbert CRUMM, Appellee.

District Court of Appeal of Florida, Fourth District.

March 7, 2001.


Attorney(s) appearing for the Case

Mark K. Koenig of Law Offices of Mark K. Koenig, West Palm Beach, for appellant.

Cymonie S. Rowe and Nicholas Maniotis of Flanagan, Maniotis & Berger, P.A., West Palm Beach, for appellee.


WARNER, C.J.

We reverse the order of the trial court dismissing appellant's complaint for failure to substitute parties pursuant to Florida Rule of Civil Procedure 1.260(a). Appellant filed suit against the defendant, only to discover that the defendant was deceased. Thereafter, several requests to extend the time for service of the defendant were granted by the court in order for appellant to secure the appointment of a personal representative of the decedent's estate...

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