De Vico v. Berkell

ROTHENBERG, Judge.

Frank Gangemi (“Gangemi”) is a disbarred attorney who was incarcerated for stealing in excess of $6 million from his clients. Paul De Vico, one of Gangemi’s clients, filed a lawsuit against Gangemi’s lawfirm, Berkell & Berkell-Rafery, P.A., and Gerald S. Berkell (collectively “the defendants”) on August 8, 2003. On March 21, 2007, after the defendants learned that Mr. De Vico had died, they filed a Suggestion of Death, thereby triggering Florida Rule of Civil Procedure 1.260(a)®, which provides that upon a suggestion of death, the proper party must be substituted within…