The Plainitff was the president of a corporation that owned the subject property in an eviction. The tenant filed a motion to dismiss on standing. The court ruled that being the president of the “landlord” does not allow a person to file suit in his own name.
The Plaintiff tried to move to substitute the Corporation for the individual , but the Court ruled that the Florida Rules of Civil Procedure do not authorize “the dropping of all parties on one side and the substitution of a new party.” Trawick, Fla. Prac. and Proc. § 4:11 Substitution (2011 Edition).
Where the named plaintiff is not the landlord, the proper procedure is to dismiss this action without prejudice and for the landlord to bring a proper action against the tenants.
PLANTE vs. ORDUNA County Court, 10th Judicial Circuit in and for Polk County. Case No. 53-2012-005144-0000-LK. January 2, 2013. Robert L. William, Judge. 20 Fla. L. Weekly Supp. 282b.