Legal Opinion

Ruble v. Rinker Material Corp.

District Court of Appeal of Florida

Decided February 2, 2011No. 3D10-488PublishedCited by 3 opinions

1Opinion of the Court

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., 56 So.3d 34 (Fla. 3d DCA 2010) (“The original complaint for personal injury could not be amended, on [the plaintiff’s] death, to include a new wrongful death…

2Cases cited4 opinions

  1. Martin v. United Security Services, Inc.Supreme Court of Florida · 1975
  2. Niemi v. BROWN & WILLIAMSON TOBACCO CORPORATIONDistrict Court of Appeal of Florida · 2003
  3. ACandS, Inc. v. ReddDistrict Court of Appeal of Florida · 1997
  4. Capone v. Philip Morris U.S.A. Inc.District Court of Appeal of Florida · 2010

3Cited by3 opinions

  1. Ruble v. Rinker Materials Corp.Supreme Court of Florida · 2013
  2. Ruble v. Rinker Materials Corp.Supreme Court of Florida · 2013
  3. Smith v. R.J. Reynolds Tobacco Co.District Court of Appeal of Florida · 2012

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