Coleman v. Stitt

This appeal challenges the trial court's order denying the motion of the deceased minor's mother for substitution as plaintiff. The defendant (appellee) contends that the mother of the deceased minor failed to meet the statutory requirement for substitution as the proper party plaintiff in this cause and, consequently, that the trial court did not err in denying her motion for substitution. Citing Code 1975, § 6-5-391, and Mattingly v. Cummings,392 So.2d 531 (Ala. 1980), the appellee insists that the trial court properly dismissed the case for failure of the father to appear for a deposition…