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LAY v. HORTON HOMES, INC.

1920080.

618 So.2d 1347 (1993)

Ina LAY, as administratrix of the Estate of Fred C. Lay, deceased v. HORTON HOMES, INC., et al.

Supreme Court of Alabama.

March 26, 1993.

Attorney(s) appearing for the Case

Donald R. Harrison, Dadeville, for appellant.

Alex K. Holtsford, Jr. of Nix & Holtsford, Montgomery, for appellees.

STEAGALL, Justice.

Ina Lay, as administratrix of the estate of her husband Fred C. Lay, deceased, appeals from the dismissal of her motion to be substituted for Fred in a negligence action he had filed on September 26, 1989, against Horton Homes, Inc.; Efficiency Homes, Inc.; Jerry L. Phillips; and Superior Gas, Inc. The case was initially set for trial in March 1991, but it was subsequently dismissed for failure to prosecute when Fred failed to appear at a pretrial...

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