Big Red Elephant v. Bryant

ALMON, Justice.

This is an appeal from a judgment of dismissal as to a deceased defendant made final pursuant to Rule 54(b), A.R.Civ.P. A suggestion of death was filed, more than six months elapsed, a motion to dismiss was filed, and the trial court granted the dismissal. Plaintiff/appellant argues that the suggestion of death was improperly made and was therefore ineffective to start the running of the six-month substitution period of Rule 25(a), A.R.Civ.P.

Big Red Elephant, a partnership, filed suit on March 26, 1982, for breach of an exclusive licensing agreement, against Paul W. Bryant and…