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RUBLE v. RINKER MATERIAL CORP.

No. 3D10-488.

59 So.3d 137 (2011)

Joan RUBLE, Individually and as Personal Representative of the Estate of Lance Ruble, deceased, Appellant, v. RINKER MATERIAL CORPORATION, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 6, 2011.

Attorney(s) appearing for the Case

The Ferraro Law Firm, Russell Koonin and Case Dam , Coral Gables, for appellant.

Holland & Knight and Larry A. Klein , West Palm Beach; Holland & Knight and Chris N. Kolos , Orlando, for appellees.

Prior report: 2010 WL 326271.

WELLS, Judge.

Affirmed. See § 768.20, Fla. Stat. (2010) (providing that "[w]hen a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate"); Fla. R. Civ. P. 1.260(a)(1) (stating that the court may order substitution of the proper parties "[i]f a party dies and the claim is not thereby extinguished"); Capone v. Philip Morris U.S.A. Inc.,

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