KASH N' KARRY FOOD STORES, INC. v. SMART

No. 2D01-3354.

814 So.2d 530 (2002)

KASH N' KARRY FOOD STORES, INC., Petitioner, v. Queen SMART and Cochrane Smart, Respondents.

District Court of Appeal of Florida, Second District.

April 26, 2002.


Attorney(s) appearing for the Case

T.R. Unice, Jr. and Nicole E. Weiss, of Zimmet, Unice, Salzman & Feldman, P.A., Clearwater, for Petitioner.

Michael Gonzalez, Tampa, for Respondent.


FULMER, Judge.

Kash N' Karry Food Stores, Inc. ("Kash N' Karry") seeks certiorari review of the trial court's order that simultaneously granted without prejudice Kash N' Karry's motion to dismiss Queen Smart's complaint for failure to substitute a party and also granted the ore tenus motion to substitute party made on behalf of Ms. Smart. The trial court departed from the essential requirements of law in granting the motion to substitute without a showing of excusable...

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