Matter of Estate of Hunt

ZIMMERMAN, Justice:

(Concurring and Dissenting)

I would dismiss the appeal.

Hunt quite plainly brought this appeal in his capacity as personal representative of the estate. That much is clear from the notice of appeal filed by “Richard L. Hunt, Personal Representative of the Estate of Reed Dwane Hunt” on October 6, 1989. Hunt then resigned as personal representative of the estate on November 9, 1989. No one has moved to substitute a successor personal representative as appellant in this appeal. Thus, there has been a failure to substitute parties pursuant to rule 38(b) of the Utah Rules of…