Escareno v. Carl Nolte Sohne GmbH & Co.

GODBOLD, Senior Circuit Judge:

The temporary administrator of a deceased plaintiffs estate moved, pursuant to Fed. R.Civ.P. 25, that he be substituted as party plaintiff. The district court declined to order the substitution on the ground that the temporary administrator was not a “proper party” within the meaning of Rule 25 because the state court that appointed him did not have jurisdiction to make the appointment. In the same order the court dismissed the case because a substitution of parties had not been effected within 90 days after a suggestion of plaintiffs death was filed. We vacate…