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MIMS EX REL. MIMS v. AMERICAN SENIOR LIVING OF DADE CITY

No. 2D09-1286.

36 So.3d 935 (2010)

John A. MIMS, by and through Raymond MIMS, his Attorney-in-Fact, Appellant, v. AMERICAN SENIOR LIVING OF DADE CITY, FL, LLC, a/k/a ASL of Dade City, FL, LLC, d/b/a Edwinola Retirement Community; National Assisted Living Management Corporation, a/k/a National Assisted Living Management Corp.; American Senior Living Limited Partnership; American Senior Living, Inc.; Thomas E. Rawles, Jr.; George P. Wagner, Jr.; Alan B. Parrish; Sharon Oswald; Graham R. Hutchins, a/k/a Graham Hutchins; and Kathy Fritzler (as to Edwinola Retirement Community), Appellees.

District Court of Appeal of Florida, Second District.

June 23, 2010.

Attorney(s) appearing for the Case

Isaac R. Ruiz-Carus of Wilkes & McHugh, P.A., Tampa, for Appellant.

Janice L. Merrill of Marshall, Dennehey, Warner, Coleman & Goggin, Orlando, for Appellees.

KHOUZAM, Judge.

This appeal arises from a final order of dismissal of a lawsuit for damages resulting from alleged violations of John A. Mims' statutory rights while he was a resident at Edwinola Retirement Community, an assisted living facility. We reverse.

Mr. Mims, the plaintiff, died during the course of his litigation against the defendants. Mr. Mims' counsel first served and then filed a motion for substitution of the personal representative of Mr. Mims...

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