Mims Ex Rel. Mims v. American Senior Living of Dade City, FL, LLC

KHOUZAM, Judge.

This appeal arises from a final order of dismissal of a lawsuit for damages resulting from alleged violations of John A. Mims’ statutory rights while he was a resident at Edwinola Retirement Community, an assisted living facility. We reverse.

Mr. Mims, the plaintiff, died during the course of his litigation against the defendants. Mr. Mims’ counsel first served and then filed a motion for substitution of the personal representative of Mr. Mims’ estate as the plaintiff, but the motion was served one hundred and fifteen days after the filing of the suggestion of death. This…