Cassell v. Portelance

¶1 — A defendant in a wrongful death suit obtained an order vacating the appointment of the personal representative. The court then dismissed the wrongful *159death suit with prejudice, reasoning that the personal representative did not have the right to pursue the wrongful death suit at the time she filed it, and the statute of limitations had since expired. We reverse. The wrongful death defendant lacked standing to attack the probate court’s order.

¶2 Dr. Douglas Portelance is the wrongful death defendant and the respondent in this appeal. Dr. Portelance saw David Finch several times in 2004…