Filyaw v. Bouton

Robert J. Gladwin, Judge.

The trial court dismissed this wrongful-death action for lack of subject-matter jurisdiction because the suit was brought by appellant James Filyaw, the special administrator of the estate of Katherine Brown, deceased, prior to the date that the order appointing appellant was filed with the court clerk. On appeal, appellant contends that the trial court improperly granted the motion to dismiss because the order of appointment was effective when signed, not when the order was actually filed with the clerk. We affirm.

The facts of this case are not disputed. From July…