Gomez v. Fradin

The appellants, plaintiffs in the trial court, challenge the trial court’s order denying a motion to substitute parties pursuant to Florida Rule of Civil Procedure 1.260(a), after one of the defendants died. Specifically,, the appellants sought to have the trial court appoint a representative of the decedent in this proceeding for breach of fiduciary duty because no estate had been opened for the deceased. The trial court concluded that it had no authority to appoint such a representative in the litigation and denied the motion, noting that the appellants could petition for administration in…