Reso 2015-2445 - Laserfiche WebLink

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III. The trial court erred in substituting Karen Tucker, Trustee, as Respondent at the eleventh hour and on improper notice. On the date of valuation and for the three years that this case was pending, the Respondent was Jeffrey Tucker, as trustee of the Florida Land Trust that owns the subject property. Just days before trial, however, Mr. Tucker resigned as trustee, whereupon Ms. Karen Tucker (his wife) became successor trustee. As such, on the evening of May 29, 2015 (the Friday before trial), Respondent filed a Notice of Substitution of Party pursuant to Florida Rule of Civil Procedure 1.260(c) on the basis that Mr. Tucker's interest as trustee had been transferred to Ms. Tucker. On the morning that trial was to begin, when the court addressed the Notice of Substitution, Respondent misadvised the Court regarding the requirements of Rule 1.260, stating "[y]ou don't have to file a motion to substitute parties under the rule." Trial T. 251. Over Petitioner's objection, the Court allowed the substitution of parties, despite the fact that Mr. Tucker filed a Notice, and not a motion, as required by Rule 1.260. Rule 1.260 allows the substitution of parties when a transfer of interest has occurred. Specifically, Rule 1.260(c) provides: 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. Fla. R. Civ. P. 1260(c) (emphasis added). Rule 1.260(c) further requires that "service of the motion [to substitute] shall be made as provided in subdivision (a) of this rule." Fla. R. Civ. P. 1.260(c). Subdivision (a) of the rule, in turn, provides that the "motion for substitution may be made by any party," and "together with the notice of hearing, shall be served on all parties as 15