What happens when a party in a Florida lawsuit passes away, but the lawsuit continues on? In Gomez v. Fradin, one of the defendants passed away, and the plaintiffs moved to substitute parties pursuant to Florida Rule of Civil Procedure 1.260, asking the court to appoint a representative. The court denied the motion, noting that the plaintiffs could petition in the probate court for administration of the decedent’s estate. On appeal, the Florida appellate court noted that Rule 1.260 does not appoint a proper party for substitution and that it does not provide the court an option to appoint a successor for the deceased party. Further, there are strict deadlines in probate litigation, specifically for substitution of parties, so it is best to consult with a probate litigator upon the death of the party.
See Anya Van Veen, Florida Probate Court Must Appoint Representative upon Death of Florida Litigant, Florida Probate Lawyers, September 14, 2016.
