Ashburn Bank v. Gorday

Carley, Judge.

Appellee filed a motion to set aside a judgment which had been entered against her and in favor of appellant. The parties filed cross-motions for summary judgment and a hearing was held. Prior to the entry of an order on the motions, appellee died and appellant filed in the trial court a suggestion of the death. However, the record contains no motion that the proper party be substituted for the deceased party nor any order of the trial court for such substitution. The trial court denied the motions for summary judgment but certified its orders for immediate review. This court…