Campbell v. Napoli

PATTERSON, Chief Judge.

This is an appeal from a costs judgment entered in a case dismissed pursuant to Florida Rule of Civil Procedure 1.260(a)(1). The plaintiff, Lana Campbell, died, and her counsel was unable to substitute a successor party as required by rule 1.260(a)(1). The trial court dismissed the action without prejudice and retained jurisdiction to assess costs. The proceeding to tax costs and the judgment for costs both occurred after Lana Campbell’s death and without the substitution of a successor party.

Lana Campbell, as the plaintiff, was an indispensable party to the action.…