Pearl v. Kelly

HENDRY, Judge.

Jeffrey Pearl appeals from an order dismissing his action against appellee, pursuant to Rule 1.260(a)(1), Florida Rules of Civil Procedure,1 for failure to file a notice of substitution of parties within 90 days after death was suggested upon the record. We reverse.

Appellant admits that he received notice of the death of Elizabeth Kelly. He asserts, however, without contradiction, that he contacted counsel for appellee on numerous occasions with regard to the substitution of parties after the death and was told each time that no personal representative had been appointed.…