M.R. v. A.B.C.

The plaintiffs in a paternity action filed against A.B.C. appeal the denial of their motion to substitute the personal representative of the estate of A.B.C. as the defendant in that action. We reverse.1

M.R. filed the paternity action in 1994. See M.R. v. A.B.C., 683 So.2d 629 (Fla. 3d DCA 1996). In January 1997 the parties entered into a settlement agreement which included an indemnity provision. After the settlement, the trial court reserved jurisdiction to enforce its provisions. In November 1997 A.B.C. died and a Suggestion of Death was filed in the action by his counsel.

In compliance…