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· 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 CourtListener

Sourced 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.