Kalb v. Aventis Cropscience, USA, Inc.

Opinion

This appeal presents an unfortunate example of a lack of diligence in prosecuting a claim. The plaintiff, Marianna Kalb, appeals individually and as administratrix of the estate of her deceased husband, *602Ernest Kalb (decedent).1 The trial court dismissed the action for lack of subject matter jurisdiction because the fiduciary of the decedent’s estate had not been substituted as a party plaintiff. On appeal, the plaintiff claims that the trial court abused its discretion in denying her motion to open the judgment of dismissal because good cause existed to grant the motion. We affirm the…