State ex rel. Mental Health Commissioner v. Estate of Heithecker

This cause is pending before the Court on the motion of the appellee to Dismiss or Affirm Judgment, the principal allegation of which is that there is a fatal defect in the Motion to Correct errors by omitting to name the personal representative of the deceased as a party appellee. In support of this contention appellee cites two cases, both of which were decided before the effective date of our present rules of procedure, and only one of which held that under former Supreme Court Rule 2-6 it was a fatal defect in the appeal not to name all parties to the judgment in the Assignment of Errors.1