Allen v. CLOUDBURST MANUFACTURING CO.

Carley, Judge.

Frank Allen, Jr. brought suit against appellee-defendant Cloudburst Manufacturing Company (Cloudburst) and the City of Moultrie. The city is not a party to the instant appeal. Cloudburst filed its motion for summary judgment on June 18,1981 and a hearing was held on July 23,1981. Prior to the hearing, on June 20,1981, Mr. Allen died, a fact which was “suggested upon the record” on July 24, 1981. On August 20,1981, the trial court granted summary judgment to Cloudburst. It is from this order granting summary judgment to Cloudburst that the instant appeal is taken.

“A deceased…