Nye v. Kamm

On Petition For Rehearing

On December 16, 1965, we handed down an opinion granting appellees’ motion to dismiss an appeal in the above captioned action. At that time we based our dismissal upon the fact that several of the parties to the action below died prior to judgment, and their duly appointed representatives were not substituted, either as defendants below or as appellees on appeal. We cited as controlling a similar situation which occurred in Swasey v. Hudson Lake Resorts, Inc. (1965), 136 Ind. App. 675, 204 N. E. 2d 666, in which Judge Hunter, speaking for this court, held the above…