Binns v. Binns

Deen, Presiding Judge.

Luther Binns commenced this action against the appellees on February 25, 1988, seeking damages for injuries sustained in an automobile collision on June 16, 1987. Binns died on April 15, 1988, and his attorney filed a suggestion of death on June 6, 1988. On December 8, 1988, the attorney filed a motion for extension of time for substitution of a party, on the grounds that no executor for Binns’s estate had been appointed. The appellant, Horace Binns, was appointed executor of Luther Binns’s estate on April 3, 1989, and moved for substitution as plaintiff on April 25,…