Eastern Credit Association, Inc. v. Braxton's Estate

QUINN, Associate Judge.

This is an appeal from an order dismissing appellant’s claim under the doctrine of res judicata. During the pendeney of a prior action which appellant had brought against Frances D. Braxton, the defendant died. Her counsel promptly filed a suggestion of death but appellant failed to move for a substitution of parties. Thus, a little more than a year after the death, the court dismissed the case pursuant to Civil Rule 25(a) (1), which reads as follows:

“If a party dies and the claim is not thereby extinguished the court within one year after the death may order…