Fla. R. Civ. P. 1.260

Survivor; Substitution of Parties

sha256 61535567cb31c416ce1c25033b0b72f7… · retrieved 7/11/2026, 11:08:24 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.260. 	SURVIVOR; SUBSTITUTION OF PARTIES
(a) 	Death.
(1) 	If a party dies and the claim is not thereby
extinguished, the court may order substitution of the proper
parties. The motion for substitution may be made by any party or
by the successors or representatives of the deceased party and,
together with the notice of hearing, shall be filed and served on all
parties as provided in Florida Rule of General Practice and Judicial
Administration 2.516 and upon persons not parties in the manner
provided for the service of a summons. Unless the motion for
substitution is made within 90 days after a statement noting the
death is filed and served on all parties as provided in Rule of
General Practice and Judicial Administration 2.516, the action shall
be dismissed as to the deceased party.
(2) 	In the event of the death of one or more of the
plaintiffs or of one or more of the defendants in an action in which
the right sought to be enforced survives only to the surviving
plaintiffs or only against the surviving defendants, the action shall
not abate. A statement noting the death shall be filed and served on
all parties as provided in Rule of General Practice and Judicial
Administration 2.516 and the action shall proceed in favor of or
against the surviving parties.
(b) 	Incompetency. If a party becomes incompetent, the
court, upon motion filed and served as provided in subdivision (a) of
this rule, may allow the action to be continued by or against that
person’s representative.
(c) 	Transfer of Interest. In case of any transfer of interest,
the action may be continued by or against the original party, unless
the court upon motion directs the person to whom the interest is
transferred to be substituted in the action or joined with the
original party. Service of the motion shall be made as provided in
subdivision (a) of this rule.

(d) 	Public Officers; Death or Separation from Office
(1) 	When a public officer is a party to an action in an
official capacity and during its pendency dies, resigns, or otherwise
ceases to hold office, the action does not abate and the officer’s
successor is automatically substituted as a party. Proceedings
following the substitution shall be in the name of the substituted
party, but any misnomer not affecting the substantial rights of the
parties shall be disregarded. An order of substitution may be
entered at any time, but the omission to enter such an order shall
not affect the substitution.
(2) 	When a public officer sues or is sued in an official
capacity, the officer may be described as a party by the official title
rather than by name but the court may require the officer’s name to
be added.

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.