Howard v. Vaughn

THOMAS, Judge.

Plaintiff, Administratrix of Dorothy T. Howard’s estate, appeals from an order dismissing this wrongful death action as violative of the statute of limitations. Upon defendants’ Rule 12(b)(6) motion, the trial court found an earlier extension of the statute of limitations by a different superior court judge to be ineffective.

Plaintiff appeals, contending the extension was proper and the complaint timely filed. For the reasons herein, we agree with plaintiff.

We initially note that when plaintiff filed her extension motion, the applicable statute, Rule 9(j), had not yet undergone…