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Daily Archives:Tuesday, October 20, 2020

De La Riva v. Chavez, — So.3d — 2020 WL 5372283 (Fla. 4th DCA Sept. 9, 2020)

October 20, 2020

To sue an estate, there needs to be a personal representative.  An “estate” cannot be a party to a lawsuit.  This concept was again explained by the Court in the recent decision of De La Riva v. Chaves, — So. 3d —, 2020 WL 532283 (Fla. 4thDCA Sept. 9, 2020).  In De La Riva, the Fourth District Court of Appeal explained that, when trying to sue an estate:

“[I]t is well-settled that ‘an “[e]state” is not an entity that can be a party to litigation….

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