Tarpley v. Hawkins

Deen, Presiding Judge.

1. This court must always take notice of its own jurisdiction. It appears from the record here that the only appellant named is E. S. Tarpley, who died December 5, 1976. No other entity has been substituted for the decedent. "A deceased person cannot be a party to legal proceedings. While the death of a party does not abate a pending action where the cause of action survives (Code § 3-501), nevertheless the effect of the death is to suspend the action as to the decedent.until someone is substituted for the decedent as a party to the proceedings. . . Until someone is…