On June 17, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Elliott Pinkney,
and
Dave Kumar Roy Esq,
Personal Representative Of The Estate Of Dave K Roy,
Roy & Associates Pa,
for LEGAL MALPRACTICE
in the District Court of Palm Beach County.
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Filing # 142875206 E-Filed 01/28/2022 02:27:33 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
ELLIOTT PINKNEY,
Plaintiff,
vs. CASE NO.: 2021-CA-007518
ROY & ASSOCIATES, P.A.,
and DAVE KUMAR ROY, ESQ.,
Defendants.
/
MOTION TO SUBSTITUTE ESTATE UPON SUGGESTION OF DEATH AND NOTICE
OF INTENT TO FILE CLAIM AGAINST THE ESTATE
Plaintiff, ELLIOTT PINKNEY, by and through the undersigned attorney,
pursuant to Florida Rule of Civil Procedure 1.260, hereby files this Motion to Substitute
Estate Upon Suggestion of Death, and Notice of Intent to file Claim Against the Estate,
and states as follows:
1. Plaintiff filed this lawsuit against Defendant, DAVE KUMAR ROY, ESQ.
2. Upon information and belief, during the pendency of the lawsuit, Defendant,
DAVE KUMAR ROY, ESQ.., died on or about July 22, 2021.
3. Plaintiff requests that the Estate of DAVE KUMAR ROY, ESQ. be
substituted for the Defendant, DAVE KUMAR ROY, ESQ.
4. The Plaintiff is unsure of whether an estate has been opened to date for
DAVE KUMAR ROY, ESQ. Plaintiff requests that the Court order Defendant’s counsel to
inquire as to whether an estate has been opened so Plaintiff can file a timely notice of
claim with the estate. Moreover, the Plaintiff place Defendant's attorney on notice that they
intent to file a notice of claim with the estate for full value of their legal malpractice and
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/28/2022 02:27:33 PM ***personal injury case.
WHEREFORE, Plaintiff respectfully requests this Court to enter an order granting
this Motion to Substitute Estate upon Suggestion of Death and Notice of Intent to File
Claim against the Estate, along with any other relief this Court deems equitable and just.
CERTIFICATE OF SERVICE
This document dated this 28 day of January, 2022 was not served upon defendant
due to the default entered against it in accordance with Florida Rule of Judicial
Administration 2.516(a).
DISMUKE LAW
By:___/s/ John Mark Hundhausen, II
John Mark Hundhausen, II, Esq.
Florida Bar No. 1018840
1920 South Florida Avenue
Lakeland, Florida 33803
(863) 250-5050
david@dismukelaw.com
johnmark@dismukelaw.com
frontdesk@dismukelaw.com
ATTORNEYS FOR PLAINTIFF
Document Filed Date
January 28, 2022
Case Filing Date
June 17, 2021
Category
LEGAL MALPRACTICE
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Filing # 142875206 E-Filed 01/28/2022 02:27:33 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ELLIOTT PINKNEY, Plaintiff, vs. CASE NO.: 2021-CA-007518 ROY & ASSOCIATES, P.A., and DAVE KUMAR ROY, ESQ., Defendants. / MOTION TO SUBSTITUTE ESTATE UPON SUGGESTION OF DEATH AND NOTICE OF INTENT TO FILE CLAIM AGAINST THE ESTATE Plaintiff, ELLIOTT PINKNEY, by and through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.260, hereby files this Motion to Substitute Estate Upon Suggestion of Death, and Notice of Intent to file Claim Against the Estate, and states as follows: 1. Plaintiff filed this lawsuit against Defendant, DAVE KUMAR ROY, ESQ. 2. Upon information and belief, during the pendency of the lawsuit, Defendant, DAVE KUMAR ROY, ESQ.., died on or about July 22, 2021. 3. Plaintiff requests that the Estate of DAVE KUMAR ROY, ESQ. be substituted for the Defendant, DAVE KUMAR ROY, ESQ. 4. The Plaintiff is unsure of whether an estate has been opened to date for DAVE KUMAR ROY, ESQ. Plaintiff requests that the Court order Defendant’s counsel to inquire as to whether an estate has been opened so Plaintiff can file a timely notice of claim with the estate. Moreover, the Plaintiff place Defendant's attorney on notice that they intent to file a notice of claim with the estate for full value of their legal malpractice and *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/28/2022 02:27:33 PM ***personal injury case. WHEREFORE, Plaintiff respectfully requests this Court to enter an order granting this Motion to Substitute Estate upon Suggestion of Death and Notice of Intent to File Claim against the Estate, along with any other relief this Court deems equitable and just. CERTIFICATE OF SERVICE This document dated this 28 day of January, 2022 was not served upon defendant due to the default entered against it in accordance with Florida Rule of Judicial Administration 2.516(a). DISMUKE LAW By:___/s/ John Mark Hundhausen, II John Mark Hundhausen, II, Esq. Florida Bar No. 1018840 1920 South Florida Avenue Lakeland, Florida 33803 (863) 250-5050 david@dismukelaw.com johnmark@dismukelaw.com frontdesk@dismukelaw.com ATTORNEYS FOR PLAINTIFF