Hollister v. Heathman

Green, J.;

Roger Hollister sued his former attorney, James Heathman, for legal malpractice under the Kansas Consumer Protection Act. Following Roger s death, Heathman filed a suggestion of death with the trial court. Shortly afterward, Heathman moved to dismiss for failure of Roger’s successor or representative to substitute a party within a reasonable time after the service of the statement noting Roger s death. The trial court ultimately granted Heathman’s motion to dismiss for failure to substitute a party within a reasonable time. In her pro se brief, Rebecca Hollister, Roger’s wife,…