126 So. 3d 323
Fla. Dist. Ct. App.2013Background
- Estate appeals denial of substitution of proper personal representative and dismissal as time-barred.
- Wrongful death action filed Jan 11, 2008 in Miami naming ‘The Estate of Roberta Eisen, deceased, by and through her Personal Representative, Murray Eisen’; Murray Eisen lacked capacity to sue due to felony conviction.
- Actual personal representative was Charles Koppelman, appointed after the suit commenced.
- May 2010 amendment substituted Koppelman for Murray Eisen; trial court permitted the substitution.
- July 2011 Koppelman resigned; Neil Shertzer appointed personal representative; Estate moved to substitute Shertzer for Koppelman but trial court denied; action subsequently dismissed as Engle-based time-barred.
- Trial court later vacated its dismissal but still denied amendment; Estate argued substitutions were mere nominal-party changes relating back to original filing; Engle-based limitations apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substitution of nominal parties can relate back. | Eisen, Koppelman, Shertzer share identity of interest; substitution should relate back. | Eisen lacked capacity; substitution creates new action not relating back. | Yes; substitution should relate back; not a new action. |
| Whether the Engle limitations period bars the action after substitution. | Engle deadline timely filing; substitutions toll the period. | Original filer lacked capacity; filing a nullity; tolling not available. | No; relation back and substitution save timely filing. |
| Whether the trial court abused its discretion in denying substitution. | Factors favor substitution (notice, identity of interest, no prejudice). | Lack of capacity of original plaintiff defeats relation back. | Abused discretion; reversed and remanded. |
| Whether substitution should relate back under Holman framework. | Holman factors favor substitution and relation back. | Substitution changes party with capacity issues. | Relates back; substitution permissible. |
Key Cases Cited
- Griffin v. Workman, 73 So.2d 844 (Fla.1954) (administratrix substitution relates to original filing date when capacity issue later cured)
- Cunningham v. Florida Dept. of Children & Families, 782 So.2d 913 (Fla.1st DCA 2001) (substitution of proper personal representative relates back to original filing)
- Rubenstein v. Burleigh House, 305 So.2d 311 (Fla.3d DCA 1974) (amendment adding real party in interest related back where no prejudice)
- Puleston v. Alderman, 148 Fla. 353, 4 So.2d 704 (Fla.1941) (test for whether amendment relates back to avoid statute bar)
- Holman v. Jones & Son, 470 So.2d 60 (Fla.3d DCA 1985) (identity of interest and notice important for party substitution)