Fla. Fam. L. R. P. 12.260

RULE 12.260

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, must be served on all parties as

provided in rule 12.080 and on persons not parties in the manner

provided for the service of a summons. If a party dies while a

proceeding is pending and that party’s rights survive, the court may

order the substitution of the proper party on its own motion or that

of any interested person.

(2) In the event of the death of one or more of the

petitioners or of one or more of the respondents in an action in

which the right sought to be enforced survives only to the surviving

petitioners or only against the surviving respondents, the action

does not abate. The death shall be suggested on the record and the

action proceeds in favor of or against the surviving parties.

(b) Incapacity. If a party becomes incapacitated, the court

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 must be made as provided in

subdivision (a).

(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 must be in the name of the substituted

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party, but any misnomer not affecting the substantial rights of the

parties must be disregarded. An order of substitution may be

entered at any time, but the omission to enter such an order does

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.