Mutual of Omaha Insurance Co. v. White

COPE, Judge.

Defendant seeks review of orders granting a motion to substitute the personal representative in place of the deceased plaintiff, and denying defendant’s motion to dismiss under Rule 1.260(a), Florida Rules of Civil Procedure.1 We affirm.

In the present case the suggestion of death was served and filed on February 2, 1989. The motion for substitution of the personal representative was served on May 2, 1989 (eighty-nine days after the suggestion of death) and filed on May 4, 1989 (ninety-one days after the suggestion of death).2 Rule 1.260(a)(1) requires that the motion for…