Fla. Fam. L. R. P. 12.210

RULE 12.210

PARTIES

(a) Parties Generally. Every action may be prosecuted in

the name of the real party in interest, but a personal representative,

administrator, guardian, trustee of an express trust, a party with

whom or in whose name a contract has been made for the benefit of

another, or a party expressly authorized by statute may sue in that

person’s own name without joining the party for whose benefit the

action is brought. All persons having an interest in any subject of

the action may be joined. Any person may at any time be made a

party if that person’s presence is necessary or proper for a complete

determination of the cause.

(b) Minors, Incapacitated, or Incompetent Persons. When

a minor, incapacitated, or incompetent person has a representative,

such as a guardian or other like fiduciary, the representative may

appear in the action on behalf of the minor, incapacitated, or

incompetent person. A minor, incapacitated, or incompetent person

who does not have a duly appointed representative may appear by

next friend or by a guardian ad litem. The court shall have the

discretion to appoint a guardian ad litem and/or attorney ad litem

for a minor, incapacitated, or incompetent person not otherwise

represented in an action or shall make such other order as it deems

proper for the protection of the minor, incapacitated, or

incompetent person.

(c) Child as Party. This rule shall not be read to require that

a child is an indispensable party for a dissolution of marriage or

action involving a parenting plan.