JOHN H. BRYANT, JR. AND VICTORIA M. BRYANT vs JOHN F. GEOGHAGAN AND USAA CASUALTY INSURANCE COMPANY
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOHN H. BRYANT, JR. AND VICTORIA M. BRYANT, Appellants, v. Case No. 5D19-3254 JOHN F. GEOGHAGAN AND USAA CASUALTY INSURANCE COMPANY, Appellees. ________________________________/ Opinion filed September 18, 2020 Appeal from the Circuit Court for Volusia County, Randell H. Rowe, III, Judge. Eric J. Netcher, of Walker, Revels, Greninger & Netcher, PLLC, Orlando, for Appellants. Rhonda B. Boggess, of Marks Gray, P.A., Jacksonville, for Appellee John F. Geoghagan. No Appearance for Appellee USAA Casualty Insurance Company. PER CURIAM. John Bryant and Victoria Bryant appeal an order dismissing their claims against John Geoghagan for failure to comply with Florida Rule of Civil Procedure 1.260(a)(1). We conclude that dismissal was proper, but that the dismissal should have been without prejudice. DeArmas v. Blonstein, 356 So. 2d 1339 (Fla. 3d DCA 1978) (concluding that dismissal for failure to timely move to substitute parties pursuant to rule 1.260 should have been without prejudice); see also Wilson v. Pyle, 851 So. 2d 779, 780 (Fla. 2d DCA 2003). AFFIRMED, in part; REVERSED, in part; and REMANDED. EVANDER, C.J., LAMBERT and TRAVER, JJ., concur. 2
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