Change v. Mathies

District Court of Appeal of Florida

Change v. Mathies

508 So. 2d 49, 12 Fla. L. Weekly 1437, 1987 Fla. App. LEXIS 8735

CourtDistrict Court of Appeal of Florida

DecidedJune 10, 1987

DocketNo. 4-86-1513

StatusPublished

Cited by1 cases

This text of 508 So. 2d 49 (Change v. Mathies) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Change v. Mathies, 508 So. 2d 49, 12 Fla. L. Weekly 1437, 1987 Fla. App. LEXIS 8735 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We reverse and remand for a new hearing before the trial court for the purpose of determining the circumstances surrounding the appellant’s failure to substitute the estate, if any, of a deceased defendant in accord with the provisions of Florida Rule of Civil Procedure 1.260(a)(1). Our reversal is predicated upon the trial court’s erroneous conclusion that it was without discretion to consider appellant’s contentions. [50]*50See Stroh v. Dudley, 476 So.2d 230 (Fla. 4th DCA 1985).

ANSTEAD, DELL and GUNTHER, JJ., concur.

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PER CURIAM.

We reverse and remand for a new hearing before the trial court for the purpose of determining the circumstances surrounding the appellant’s failure to substitute the estate, if any, of a deceased defendant in accord with the provisions of Florida Rule of Civil Procedure 1.260(a)(1). Our reversal is predicated upon the trial court’s erroneous conclusion that it was without discretion to consider appellant’s contentions. [50]*50See Stroh v. Dudley, 476 So.2d 230 (Fla. 4th DCA 1985).

ANSTEAD, DELL and GUNTHER, JJ., concur.

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Bluebook (online)

508 So. 2d 49, 12 Fla. L. Weekly 1437, 1987 Fla. App. LEXIS 8735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/change-v-mathies-fladistctapp-1987.

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