SCHLAMPP v. McMahon

BLACKBURN, Senior Appellate Judge.

Robert Schlampp, D. C., appeals from the dismissal of his claims against Kevin McMahon, D. C., asserting that the trial court erred in holding: (1) that the statutorily prescribed 180-day time period for substituting a party after death is suggested on the record begins to run from the time the suggestion of death is filed, rather than from the time it is served on the executor of the deceased party’s estate; and (2) that Schlampp’s motion to substitute the executrix of Dr. McMahon’s estate was therefore untimely. We agree and therefore reverse the trial…