Legal Question in Civil Litigation in Florida

I filed a small claim case for auto negligence in Florida... Summons was issued, process server wasn't able to locate defendant. I then found out that the defendant is deceased. He died about 1 week after opening my case. A pretrial conference hearing is scheduled next month (December). What do I do now?...

Asked on 11/06/20, 7:35 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You must maker service of process on his Estate, if a Personal Representative has been appointed.

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Answered on 11/06/20, 7:38 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

1. Dismiss the case or

2. Amend the complaint to include the estate and serve the personal representative

If no estate you have a problem and need an attorney

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Answered on 11/06/20, 7:48 am

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