A recent court ruling in SP Lincoln Fields GP, Inc. v. Tamera Brown, FLWSUPP 3207SP (Miami-Dade Cnty. 2024) highlights the critical importance of notifying your attorney when a change in property ownership occurs during an eviction action. Failure to act promptly in such circumstances can lead to the dismissal of the case under Florida Rule of Civil Procedure 1.260(a). This rule mandates that a motion to substitute the party must be filed within 90 days of a transfer of ownership. If this procedural requirement is not met, the eviction action cannot proceed.
In this case, the plaintiff, SP Lincoln Fields GP, Inc. (Lincoln Fields), initiated an eviction against the defendant, Tamera Brown, for behavioral noncompliance with her lease. However, prior to the eviction filing, Lincoln Fields had sold the property to Buena Vista Apartments LLC. Despite the transfer being formalized with a Special Warranty Deed, no motion to substitute Buena Vista as the plaintiff was filed within the required 90-day window.
The court dismissed the eviction action on two grounds: (1) the successor in interest lacked standing to continue the case because the motion to substitute had not been filed in time, and (2) the original plaintiff, as an unrepresented corporation, could not pursue the case independently. These procedural missteps emphasize the necessity of maintaining clear communication with legal counsel about ownership changes during ongoing litigation.
Key Legal Implications
Under Florida Rule of Civil Procedure 1.260(a), when a property changes ownership during a legal action, the new owner must be substituted as the proper party to continue the case. The rule provides a 90-day period to make this substitution after the transfer of interest becomes known. If this deadline is missed, the case may be dismissed, as occurred in SP Lincoln Fields.
The purpose of this rule is to ensure that the parties involved in litigation accurately reflect the entities or individuals who have a direct interest in the outcome. Without a valid substitution, the court lacks the jurisdiction to adjudicate on behalf of a party without standing. Moreover, the integrity of the judicial process relies on proper representation and adherence to procedural rules.
Practical Takeaways for Property Owners and Attorneys
- Immediate Notification of Ownership Changes: Property owners involved in ongoing litigation must inform their attorneys of any sale or transfer of ownership immediately. Delays can result in the expiration of the 90-day substitution window, jeopardizing the case.
- Attorney’s Role in Compliance: Attorneys must act swiftly to file a motion to substitute the party once they are notified of an ownership change. This procedural step is essential for maintaining the case’s validity.
- Corporate Representation: For corporate property owners, ensuring continuous legal representation is vital. Corporations, unlike individuals, cannot represent themselves in court. Any gap in representation, as seen in this case, can lead to dismissal.
- Proactive Communication: Establishing clear lines of communication between property owners, their legal representatives, and any successors in interest can prevent costly legal errors.
Successor in Interest
The ruling in SP Lincoln Fields GP, Inc. v. Tamera Brown serves as a cautionary tale for property owners and their attorneys. The failure to substitute a party within the specified timeframe led to the dismissal of the eviction action, illustrating the critical need for procedural diligence. By promptly notifying attorneys of changes in ownership and ensuring compliance with Rule 1.260(a), parties can avoid unnecessary setbacks and protect their legal interests.
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