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OLYMPUS INSURANCE COMPANY v. HERNANDEZ

No. 4D15-1060.

171 So.3d 831 (2015)

OLYMPUS INSURANCE COMPANY, Petitioner, v. Maikel HERNANDEZ, as Personal representative of the Estate of Yaimi Gandul, Respondent.

District Court of Appeal of Florida, Fourth District.

August 19, 2015.

Attorney(s) appearing for the Case

Matthew C. Scarfone of Colodny Fass, P.A., Fort Lauderdale, for petitioner.

Scot Strems of The Strems Law Firm, P.A., Coral Gables, for respondent.

The trial court departed from the essential requirements of law when it granted the motion for substitution of party and denied the motion to dismiss based upon counsel's unsworn assertions of excusable neglect. Steinhardt v. Intercondominium Grp. Inc., 771 So.2d 614, 614 (Fla. 4th DCA 2000). The petition...

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