Thursday, May 7, 2009

Action Cannot be Dismissed if Maintaining on Behalf of Real Party in Interest

Granting rehearing, in Juega as Trustee of Davidson Trust v. Davidson (3D05-2785) the Third DCA addressed Florida's real party in interest rule. The real party in interest rule, Fla. R. Civ. P. 1.210(a), states:

Every action may be prosecuted in the name of the real party in interest, but a personal representative, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought.
"Thus, where a plaintiff is either the real party in interest or is maintaining the action on behalf of the real party in interest, its action cannot be terminated on the ground that it lacks standing."


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