Filed: Sep. 23, 2019
Latest Update: Sep. 23, 2019
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Plaintiffs filed this civil action, by counsel, on August 12, 2015. [ECF No. 1]. On November 14, 2018, plaintiffs' counsel filed a Suggestion of Death stating that plaintiff Joanne Briggs died on May 16, 2014, and plaintiff Wallace Briggs died on January 16, 2015. [ECF No. 17]. Because both plaintiffs were deceased prior to the time this case was filed, they cannot bring a lawsuit in their own name. "[A] lawsuit filed in the
Summary: MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . Plaintiffs filed this civil action, by counsel, on August 12, 2015. [ECF No. 1]. On November 14, 2018, plaintiffs' counsel filed a Suggestion of Death stating that plaintiff Joanne Briggs died on May 16, 2014, and plaintiff Wallace Briggs died on January 16, 2015. [ECF No. 17]. Because both plaintiffs were deceased prior to the time this case was filed, they cannot bring a lawsuit in their own name. "[A] lawsuit filed in the n..
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MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, District Judge.
Plaintiffs filed this civil action, by counsel, on August 12, 2015. [ECF No. 1]. On November 14, 2018, plaintiffs' counsel filed a Suggestion of Death stating that plaintiff Joanne Briggs died on May 16, 2014, and plaintiff Wallace Briggs died on January 16, 2015. [ECF No. 17]. Because both plaintiffs were deceased prior to the time this case was filed, they cannot bring a lawsuit in their own name. "[A] lawsuit filed in the name of a deceased individual is a nullity over which this Court has no jurisdiction." In re Engle Cases, No. 3:09-cv-1000-J-32JBT, 2013 WL 8115442, at *2 (M.D. Fla. Jan. 22, 2013). Accordingly, the court ORDERS that this case is DISMISSED and STRICKEN from the docket of this court.
The court DIRECTS the Clerk to file a copy of this Order and to send a copy of this Order to counsel and any unrepresented party.
