Legal Opinion · Concurrence

Gomez v. Fradin

District Court of Appeal of Florida

Decided September 14, 2016No. 4D14-4107Published

1ConcurrenceWarner, J.

I concur in the dismissal of the appeal. Moreover, even if there were irreparable harm, the trial court did not depart from the essential requirements of law. - There is no authority in statute or rule for the trial court to appoint an administrator ad litem to represent the deceased in this litigation.

Florida Rule of Civil Procedure 1.260(a)(1) provides' that “[i]f a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party[.]”…

2Cases cited3 opinions

  1. Schaeffler v. DeychDistrict Court of Appeal of Florida · 2010
  2. Vera v. AdelandDistrict Court of Appeal of Florida · 2004
  3. Harrison-French v. Elmore ex rel. ElmoreDistrict Court of Appeal of Florida · 1996

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