Loven v. Davis

GREENE, Judge.

Plaintiffs, Tom Loven and his wife, Donna, appeal from a ruling by the trial court that sustained the motion of defendant, Neva Davis, to dismiss Counts I and II of a petition the Lovens had filed naming Neva Davis and her husband, Stanley Davis, as defendants.1 We affirm.

The petition was filed August 14, 1985, after which motions, answers, and discovery requests were filed. On November 24, 1985, Stanley Davis died. There is nothing in the record that indicates a suggestion of his death, or a request for the substitution of a personal representative for, or successor to, Stanley…