BROWN v. WHEELER

82-80, 82-81.

437 So.2d 521 (1983)

Dane BROWN v. Malcolm L. WHEELER, Administrator of Estate of William V. Phifer, Deceased. Mary Gail BROWN v. Malcolm L. WHEELER, Administrator of Estate of William V. Phifer, Deceased.

Supreme Court of Alabama.

August 26, 1983.


Attorney(s) appearing for the Case

Larry W. Harper and J. Mark Naftel of Porterfield, Scholl, Bainbridge, Mims & Harper, Birmingham, for appellants.

Thomas R. Elliott, Jr. of London, Yancey, Clark & Allen, Birmingham, for appellee.


ADAMS, Justice.

These appeals are by Dane Brown and Mary Gail Brown from an order of the trial court setting aside the appointment of an administrator ad litem and dismissing the claims against William V. Phifer, a deceased defendant.

The issues on appeal are as follows:

1. Was it proper under Rule 25(a)(1) of the Alabama Rules of Civil Procedure1 for the attorney who represented defendant Phifer to suggest his death upon...

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