BIG RED ELEPHANT v. BRYANT

83-1084.

477 So.2d 342 (1985)

BIG RED ELEPHANT, a partnership, v. Paul W. BRYANT, Jr., as executor of the estate of Paul W. Bryant, deceased.

Supreme Court of Alabama.

September 27, 1985.


Attorney(s) appearing for the Case

W. Eugene Rutledge and Kay S. Kelly, Birmingham, for appellant.

William C. Veal, Birmingham, for appellee.


ALMON, Justice.

This is an appeal from a judgment of dismissal as to a deceased defendant made final pursuant to Rule 54(b), A.R.Civ.P. A suggestion of death was filed, more than six months elapsed, a motion to dismiss was filed, and the trial court granted the dismissal. Plaintiff/appellant argues that the suggestion of death was improperly made and was therefore ineffective to start the running of the six-month substitution period of Rule 25(a), A.R.Civ.P.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases