SMITH, J., delivered the opinion of the Court.
This case was tried under unusual circumstances. The appellee here is styled as "Clark Eugene Resh, Guardian Pendente Lite for Orvis Resh." We shall refer to them as "Clark" and "Orvis", respectively. Orvis died prior to trial of the case below. The exact date of the death does not appear in the record, but the inference may be drawn that it was in the month preceding trial. No motion was made by an opposing party under...
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