Brown v. Wheeler

These appeals are by Dane Brown and Mary Gail Brown from an order of the trial court setting aside the appointment of an administrator ad litem and dismissing the claims against William V. Phifer, a deceased defendant.

The issues on appeal are as follows:

1. Was it proper under Rule 25 (a)(1) of the Alabama Rules of Civil Procedure1 for the attorney who represented defendant Phifer to suggest his death upon the record?

2. Was the suggestion of death sufficient to trigger the running of the six-month period for filing a motion for substitution under Rule 25 (a)(1), A.R.Civ.P., despite a failure…