Life v. Lebo

HENDRY, Judge.

Appellants, defendants below, bring this consolidated appeal from an order vacating a judgment of dismissal, rendered pursuant to Fla.R.Civ.P. 1.540(b).

There is but one issue on appeal, to-wit: whether the trial court abused its discretion in allowing a substitution of party plaintiff more than 90 days after the filing of a “suggestion of death.” We hold that no abuse of discretion has been shown, and affirm.

Fla.R.Civ.P. 1.260(a)(1) provides that:

“If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for…