Juega Ex Rel. Estate of Davidson v. Davidson

On Reheating Granted Revised Opinion

COPE, J.

On consideration of the appellant’s motion for rehearing, we grant the motion, withdraw the court’s previous opinion, and substitute the following opinion.

This is an appeal of a dismissal order under Florida Rule of Civil Procedure 1.210(a), Florida’s real party in interest rule. Because the plaintiff is an agent who had been granted full authority to act for the real party in interest, there was no violation of Rule 1.210(a), and the dismissal order must be reversed.

I

Simon Davidson died testate in Spain in 1991, leaving behind a son, Allan Davidson…