· 6/9/2010
Schaeffler v. Deych
Citations
- 38 So. 3d 796
- 2010 Fla. App. LEXIS 8194
- 2010 WL 2292936
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the trial court violated the estate's due process rights by proceeding to enter final judgment without substitution of the proper party
- \The death of a party limits the authority of counsel to proceed in the underlying action.\
- “The death of a party limits the authority of counsel to proceed in the underlying action.”
- “Generally, if the decedent’s estate has been opened, then the personal representative should be substituted in place of the decedent[.]”
- “If an indispens[a]ble party to an action dies, ‘the action abates until the deceased party’s estate, or other appropriate legal representative, has been substituted pursuant to [R]ule 1.260(a)(1).’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Taylor, Warner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.