Hileman v. Morelli

BECK, Judge:

This case presents a difficult procedural question concerning the interrelationship between the joinder rules and discontinuance practice. The question itself can only be understood in light of the peculiar scenario in which it arose, which was as follows.

On December 14, 1989, appellees, Dorothy Weidig Hileman, as Administratrix of the Estate of Joseph Weidig and individually, and her four children filed a complaint naming appellee Nason Hospital and appellant Ruth Morelli, Executrix of the Estate of Marion A. Morelli, M.D., as defendants. The complaint asserted wrongful death and…