Starr v. Doctors Hosp.

The issue on appeal is whether the trial court properly dismissed an action because of a party's failure to file a motion for substitution, within six months after a suggestion of death upon the record, as provided for by ARCP 25 (a). We affirm.

The administrator of the Estate of Myrtis Hinote, Herbert W. Hinote, filed the original action from which this appeal arises, against the appellee, Doctors Hospital of Mobile, and other defendants, on December 6, 1979. The parties filed pleadings and engaged in discovery through September, 1981. On September 6, 1981, Herbert Hinote died.

The record…