Steinhardt v. Intercondominium Group, Inc., 4D00-1245.
| Decision Date | 22 November 2000 |
| Docket Number | No. 4D00-1245.,4D00-1245. |
| Citation | 771 So.2d 614 |
| Parties | Milton F. STEINHARDT, Petitioner, v. INTERCONDOMINIUM GROUP, INC., a Florida non-profit corporation, Palm Beach White House Association, Inc., a Florida non-profit corporation, and Palm Beach White House Association No. 3, Inc., a Florida non-profit corporation, Respondents. |
| Court | Florida District Court of Appeals |
Kenneth L. Dobkin, John R. Whittles and Gerald F. Richman of Richman Greer Weil Brumbaugh Mirabito, & Christensen, P.A., West Palm Beach, for petitioner.
L. Martin Reeder, Jr. of Greenberg Traurig, P.A., West Palm Beach, for respondents.
Counsel for a deceased plaintiff (who also represents those who succeeded to the decedent's interest in the property that is the subject of the litigation below) seeks certiorari review of a non-final order denying his motion to dismiss the counterclaim filed against the decedent prior to his death, based on Florida Rule of Civil Procedure 1.260(a)(1), which requires the dismissal of a claim when a motion for substitution is not made within ninety days after death is suggested on the record. We have jurisdiction, see Nationwide Mut. Fire Ins. Co. v. Holmes, 352 So.2d 1233 (Fla. 4th DCA 1977)
; New Hampshire Ins. Co. v. Kimbrell, 343 So.2d 107 (Fla. 1st DCA 1977), and grant certiorari relief.
Following two non-evidentiary hearings, the trial court denied the motion to dismiss on a finding that the counterclaimants' delay in moving for substitution was the result of excusable neglect, over counsel's arguments that the counterclaimants were required to submit evidence, not mere representations of counsel, to show excusable neglect. The court also denied counsel's request for an evidentiary hearing on the motion.
In DiSarrio v. Mills, 711 So.2d 1355 (Fla. 2d DCA 1998), the court reversed an order finding excusable neglect and reinstated a dismissal, explaining as follows:
Id. at 1356-57 (citations omitted).
Although in this case there was no...
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...of other rules. See, e.g., Oglesby-Dorminey v. Lucy Ho's Rest., 815 So.2d 749 (Fla. 1st DCA 2002); Steinhardt v. Intercondominium Group, Inc., 771 So.2d 614 (Fla. 4th DCA 2000); Spencer v. Barrow, 752 So.2d 135 (Fla. 2d DCA 2000); see also Kendall Country Estate, Inc. v. Pierson, 826 So.2d ......
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...excusable neglect are insufficient." Geer v. Jacobsen, 880 So.2d 717, 720 (Fla. 2d DCA 2004); see also Steinhardt v. Intercondominium Group, Inc., 771 So.2d 614, 614 (Fla. 4th DCA 2000). In Steinhardt, following two non-evidentiary hearings, the trial court denied a motion to dismiss a coun......
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...1238, 1241 (Fla. 1st DCA 2011).[65] Geer v. Jacobsen, 880 So. 2d 717, 720 (Fla. 2d DCA 2004); Steinhardt v. Intercondominium Group, Inc., 771 So. 2d 614, 614 (Fla. 4th DCA 2000); Halpern v. Houser, 949 So. 2d 1155, 1157 (Fla. 4th DCA 2007).[66] Lazcar Int'l, Inc. v. Caraballo, 957 So. 2d 11......
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Chapter 14-3 Rule 1.540 and Motions to Vacate Judgment
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