Helm v. Foote

FULMER, Judge.

McArthur Helm (“Helm”), a state prisoner, appeals the dismissal of his claim against the estate of Johnie Will Helm, Sr., the appellant’s father. The trial court dismissed Helm’s claim for failure to prosecute. We reverse because the trial court was not authorized to dismiss the claim for failure to prosecute where the underlying probate action remains pending. Further, the trial court did not provide Helm with an adequate opportunity to participate in the trial court proceedings.

Helm filed a creditor’s statement of claim in the probate action, In re: Estate of Helm, No.…