Keller v. Walker

Kurt and Julie Keller filed this action against Joseph Walker to recover damages sustained in an automobile accident. Unknown to the Kellers, Walker died from unrelated causes approximately one year prior to the day they filed their complaint. A default judgment was entered against Walker, and the Kellers were awarded damages.

Counsel for Walker filed this appeal, seeking a determination that the trial court lacked subject matter jurisdiction and requesting that the default judgment be vacated. We hold that a trial court has subject matter jurisdiction to appoint a personal representative…