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SMITH v. WELLS

91-CV-0451-MS; 92-PB-0008-MS; CA A73972 (Control); CA A73973.

876 P.2d 850 (1994)

128 Or. App. 492

Annie D. SMITH, Appellant, v. Dell WELLS, former Personal Representative of the Estate of Paul Ray Fleming, Deceased, Defendant, Wilma Fleming, Personal Representative of the Estate of Paul Ray Fleming, Deceased, Respondent. In the Matter of the Estate of Paul Ray Fleming, Deceased. Wilma FLEMING, Petitioner Below-Respondent, v. Dell WELLS, Respondent Below, Annie Smith, Respondent Below-Appellant.

Court of Appeals of Oregon.

Decided June 22, 1994.

Attorney(s) appearing for the Case

David B. Hydes, Canyon City, argued the cause, for appellant. With him on the briefs was Hydes & Nickel.

Ken Shiroishi, Portland, argued the cause, for respondent. On the brief were Kitri C. Ford and Dunn, Carney, Allen, Higgins & Tongue.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

RIGGS, Judge.

In this consolidated appeal, plaintiff appeals the dismissal of her personal injury action and an order vacating the appointment of the personal representative in a probate case. We reverse the dismissal of the personal injury case and remand the probate case for reconsideration of the petition of Wilma Fleming for appointment as personal representative. ORS 19.010; ORS 111.105.

Plaintiff and Paul Fleming were involved in an automobile accident...

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