Holmes v. Arbeitman

SMITH, Judge.

Plaintiffs appeal from the action of the trial court in granting defendant’s motion for directed verdict in plaintiffs’ suit for money had and received. We dismiss the appeal.

Notice of appeal was filed on May 7, 1992. On August 18, 1992, counsel for the sole defendant filed in this court a suggestion of death of defendant on August 9, 1992. Notice of that suggestion of death was mailed to counsel for plaintiffs on that day. On October 2 this court wrote to counsel for the defendant requesting information on whether an estate had been *443opened and a personal representative…