Stone v. Harris

Janet Peavy Stone, as personal representative of the estate of Calvin R. Stone, attempted to file a counterclaim against the plaintiff/appellee, Paulette Harris, d/b/a Harris Appliance and Furniture (Harris). Ms. Stone was individually named as a defendant in Harris’ complaint. Stone, in her capacity as a fiduciary, was not. Nonetheless, Stone attached to her answer to the complaint, a three count counterclaim in her capacity as a personal representative of Stone’s estate, a non-party. The trial court granted Harris’ motion to dismiss this counterclaim without prejudice to Stone as personal…