Florida

Family Law

Family Law

Rule 12.210 – PARTIES

(a)Parties Generally. 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 any subject of the action may be joined. Any person may at any time be made a party if that person’s presence is necessary or proper for a complete determination of the cause.
(b)Minors, Incapacitated, or Incompetent Persons. When a minor, incapacitated, or incompetent person has a representative, such as a guardian or other like fiduciary, the representative may appear in the action on behalf of the minor, incapacitated, or incompetent person. A minor, incapacitated, or incompetent person who does not have a duly appointed representative may appear by next friend or by a guardian ad litem. The court shall have the discretion to appoint a guardian ad litem and/or attorney ad litem for a minor, incapacitated, or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the minor, incapacitated, or incompetent person.
(c)Child as Party. This rule shall not be read to require that a child is an indispensable party for a dissolution of marriage or action involving a parenting plan.

FL. Fam. Law. R. P. 12.210

Amended by 214 So.3d 400, effective 3/16/2017; amended by 995 So.2d 445, effective 10/16/2008.