Opinion
No. 87-993.
May 31, 1988.
An Appeal from the Circuit Court for Dade County; Harold G. Featherstone, Judge.
Hayt, Hayt Landau and Alan M. Fisher, and Steven D. Ginsburg, Miami, for appellant.
David V. Lococo and Stuart Saltzman, North Miami, for appellee.
Before BASKIN, FERGUSON and JORGENSON, JJ.
NEW OPINION ON RECALL OF MANDATE
Reversed and remanded on authority of Tulsa Professional Collection Services, Inc. v. Pope, ___ U.S. ___, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988), relied on in Public Health Trust of Dade County v. Estate of Jara, 526 So.2d 745 (Fla. 3d DCA 1988). On remand the trial court should determine whether the identity of the appellant was known or readily ascertainable to the personal representative.