Ketcham v. Franklyn Gesner Fine Paintings, Inc.

Sognier, Judge.

Franklyn Gesner sued Ray Ketcham, claiming fraud in the sale of art work allegedly painted by Martin Johnson Heade. During discovery it became apparent that the purchaser was not Gesner but Franklyn Gesner Fine Paintings, Inc. Ketcham’s motion to dismiss upon learning that Gesner was not the purchaser of the art work was denied. The trial court then granted a motion to substitute Franklyn Gesner Fine Paintings, Inc. in place of Gesner as party plaintiff. The trial court denied Ketcham’s motion to strike the substitution and his renewed motion to dismiss. Ketcham brings this…