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TAYLOR v. CARRIER GLOBAL CORPORATION
Metcalfe v. Lee, 952 So. 2d 624, 630 (Fla. 4th DCA 2007); Boyer v. Boyer, 182 So. 222, 223 (Fla. 1938) (concluding that, under Florida law, only a “legal representative” of the decedent is a proper party for substitution); Schaeffler v. Deych, 38 So. 3d 796, 800 (Fla. 4th DCA 2010) (“Generally, if the decedent’s estate has been opened, then the personal representative should be substituted in place of the decedent; however, ‘[i]f no estate has been opened, then another appropriate representative, such as a guardian ad litem, will need to be substituted.’ ”6 (citing 5 But see Janv…
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Mary Boyer, an Unmarried Woman, for Use and Benefit of Delos W. Boyer, a Minor, by His Next Friend, Mary Boyer, an Unmarried Woman
v.
Delos W. Boyer.
v.
Delos W. Boyer.
Supreme Court of Florida.
Jun 14, 1938.
Carey Harrison, for Plaintiff in Error:
No appearance contra.
Whitfield, Terrell, Brown, Buford, Chapman.
Cited by 3 opinions | Published
Per Curiam.
We are advised that the- defendant in error departed this life on March 26th, 1938.
This is a personal action and, therefore, the legal representatives of the deceased should be substituted.
It is, therefore, ordered that Plaintiff in Error proceed to accomplish proper substitution of party ' defendant in error.
So ordered.
Whitfield, Terrell, Brown, Buford and Chapman, J. J., concur.