R.J. Reynolds Tobacco Co. v. Lacey
Tobacco defendants sought certiorari to quash an order denying their motion to dismiss an Engle-progeny case with prejudice after the deceased plaintiff's widow failed to move for substitution within the 90 days allowed by Rule 1.260. The Third DCA denied the petition, holding both that certiorari prerequisites (departure from essential requirements plus irreparable harm) were not met and that Rule 1.260's 90-day period is liberally construed to permit late substitution where excusable circumstances exist.
Key facts
- R.J. Reynolds Tobacco Co. sought certiorari to quash a trial court order denying its motion to dismiss an Engle-progeny tobacco case after the deceased plaintiff's widow failed to move for substitution within the 90-day period required by Rule 1.260.
- The widow, facing serious illness and loss of counsel, filed her substitution motion after the 90-day deadline expired, and the trial court denied the defendant's motion to dismiss based on this procedural default.
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Why it matters
Gives plaintiffs' counsel a ready citation that the Rule 1.260 90-day substitution deadline is flexible and that excusable neglect by a lay survivor can justify late substitution, while also reaffirming that denial of a… — full analysis with a trial
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