(a) Joinder. A party to the cause in the lower tribunal
who desires to join in a proceeding as a petitioner
or appellant shall serve a notice to that effect no later
than the latest of the following:
(i) within 10 days of service of a timely filed petition or notice of appeal;
(ii) within the time prescribed for filing a notice of appeal; or
(iii) within the time prescribed in rule 9.100(c). The original and 1 copy of the notice of joinder, accompanied by any filing fees prescribed by law, shall be filed either before service or immediately thereafter in the same manner as the petition or notice of appeal.
(b) Attorneys, Representatives, and Guardians
Ad Litem. Attorneys, representatives, and guardians
ad litem in the lower tribunal shall retain their status
in the court unless others are duly appointed or substituted;
however, for limited representation proceedings
under Florida Family Law Rule of Procedure 12.040,
representation terminates upon the filing of a notice
of completion titled “Termination of Limited Appearance”
pursuant to rule 12.040(c).
(c) Substitution of Parties.
(1) If substitution of a party is necessary for any reason, the court may so order on its own motion or that of a party.
(2) Public officers as parties in their official capacities may be described by their official titles rather than by name. Their successors in office shall be automatically substituted as parties.
(3) 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.
(4) If a person entitled to file a notice dies before filing and that person's rights survive, the notice may be filed by the personal representative, attorney of record, or, if none, by any interested person. Following filing, the proper party shall be substituted.
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Brian Willis
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Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.
