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ESTATE OF EISEN v. PHILIP MORRIS USA, INC.

No. 3D12-1114.

126 So.3d 323 (2013)

The ESTATE OF Roberta EISEN, etc., Appellant, v. PHILIP MORRIS USA, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

April 10, 2013.

Attorney(s) appearing for the Case

Neufeld, Kleinberg & Pinkiert; Joel S. Perwin , Miami, for appellant.

Boies, Schiller & Flexner and Stephen N. Zack and Mark J. Heise , Miami; Clarke Silvergate and Karen H. Curtis ; Arnold & Porter and Ingo W. Spire, Jr. , New York, for appellees.

Before ROTHENBERG, SALTER and EMAS, JJ.

EMAS, J.

The Estate of Roberta Eisen ("the Estate") appeals the lower court's order denying its motion to substitute the Estate's personal representative and subsequent order dismissing the case upon a determination that the action was time-barred. We reverse, holding the trial court abused its discretion in not permitting the substitution of a proper nominal plaintiff in place of a nominal plaintiff who lacked capacity to sue, and further erred in not relating back...

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