HENRY TIEN
v.
ANTONIA F. ABAD
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A plaintiff must establish standing as the real party in interest at the inception of the case, and standing cannot be established retroactively by acquiring an interest after the complaint is filed.
[1] A plaintiff's lack of standing at the inception of a case is a fatal defect that cannot be cured by the acquisition of standing after the complaint is filed.
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Join FLexlaw to unlock all legal intelligence“the 'real party in interest' is 'the person in whom rests, by substantive law, the claim sought to be enforced'”
Defining the requirement that a plaintiff must be the real party in interest
Henry Tien appealed from a county court decision in Miami-Dade County. The case involved a dispute where Tien's status as the real party in interest w…
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Opinion filed March 13, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0150 Lower Tribunal No. 21-30463 CC
________________
Henry Tien,
Appellant,
vs.
Antonia F. Abad,
Appellee.
An Appeal from the County Court for Miami-Dade County, Jacqueline Woodward, Judge. Henry Tien, in proper person. Cole, Scott & Kissane, P.A., and Scott A. Cole and Francesca M. Stein, for appellee. Before EMAS, SCALES and LINDSEY, JJ. PER CURIAM.
Affirmed. See Kumar Corp. v. Nopal Lines, Ltd., 462 So. 2d 1178,
1183 (Fla. 3d DCA 1985) (observing that the “real party in interest” is “the person in whom rests, by substantive law, the claim sought to be enforced”) (quoting Author's Comment to Fla. R. Civ. P. 1.210); Fla. R. Civ. P. 1.210(a)) (providing in pertinent part: “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. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff.”); LaFrance v. U.S. Bank Nat. Ass’n, 141 So. 3d 754, 756 (Fla. 4th DCA 2014) (“A ‘plaintiff's lack of standing at the inception of the case is not a defect that may be cured by the acquisition of standing after the case is filed’ and cannot be established ‘retroactively by acquiring standing to file a lawsuit after the fact.’”) (quoting McLean v. JP
Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012));
Dickson v. Roseville Props., LLC, 198 So. 3d 48, 50-51 (Fla. 2d DCA 2015) (“For better or for worse, it is settled that it is not enough for the plaintiff to prove that it has standing when the case it tried; it must also prove that it had standing when the complaint was filed.”)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McLEAN v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
- Kumar Corp. v. Nopal Lines, Ltd., 462 So. 2d 1178 (Fla. 3d DCA 1985)
- Dickson v. Roseville Props., LLC, 198 So. 3d 48 (Fla. 2d DCA 2015)