Smith v. Crumm

We reverse the order of the trial court dismissing appellant’s complaint for failure to substitute parties pursuant to Florida Rule of Civil Procedure 1.260(a). Appellant filed suit against the defendant, only to discover that the defendant was deceased. Thereafter, several requests to extend the time for service of the defendant were granted by the court in order for appellant to secure the appointment of a personal representative of the decedent’s estate in Tennessee. That was accomplished, and the estate was served with process on May 7, 1999, within the time parameters of the last order…