David Green v. Renee Polukoff and Allstate Insurance Company

Summary

The Florida Fourth District Court of Appeal held that a motion to appoint a guardian ad litem, administrator ad litem, and attorney ad litem for a deceased defendant, filed within 90 days of a suggestion of death and expressly citing Florida Rule of Civil Procedure 1.260(a)(1), qualifies as a timely “motion for substitution” under the rule, even if not formally titled as such. The court reversed the dismissal with prejudice, ruling that the timely motion satisfied the rule’s requirement and that the action should instead be abated pending substitution of a proper representative. The decision emphasizes substance over form, liberal construction of procedural rules to preserve claims, and that dismissal under rule 1.260(a)(1) is improper once any motion seeking substitution is timely filed.

Holdings

1. A motion requesting appointment of a guardian ad litem, administrator ad litem, and attorney ad litem to represent a deceased defendant's interests, filed within 90 days of a suggestion of death, constitutes a 'motion for substitution' under Florida Rule of Civil Procedure 1.260(a)(1). The rule requires substance over form; the motion need not be titled 'motion for substitution' nor name a specific party.
2. Once a timely motion for substitution is filed, the trial court may not dismiss the action under rule 1.260(a)(1); the action should be abated pending substitution of a proper representative.

Questions Presented

1. Whether a motion to appoint a guardian ad litem, administrator ad litem, and attorney ad litem, filed within 90 days of a suggestion of death, constitutes a 'motion for substitution' under Florida Rule of Civil Procedure 1.260(a)(1).

Disposition

reversed