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BERRY v. MORTON

58350.

152 Ga. App. 117 (1979)

262 S.E.2d 263

BERRY v. MORTON et al.

Court of Appeals of Georgia.

Decided November 1, 1979.

Attorney(s) appearing for the Case

Jesse M. Cleveland, Jr., for appellant.

Arthur M. Kaplan, for appellees.

BIRDSONG, Judge.

Appellant Berry brought action against Morton for injuries allegedly received when appellee Morton's vehicle, driven by Demmons, struck Berry as he walked down the street. Appellee Morton died during the course of litigation. The appeal is from the trial court's dismissal of Berry's action against Morton for failure to substitute a proper party pursuant to Code § 81A-125(a) (1). Held:

1. The appellee's motion, filed February 28...

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