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ESCARENO v. CARL NOLTE SOHNE GmbH & CO.

No. 94-9206.

77 F.3d 407 (1996)

Alejandro ESCARENO, Plaintiff-Appellant, v. CARL NOLTE SOHNE GmbH & COMPANY, and Carl Nolte Sohne GmbY, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 13, 1996.

Attorney(s) appearing for the Case

Irwin W. Stolz, Jr., Seaton D. Purdom, Charles Neely Bowen, Gambrell & Stolz, Atlanta, GA, for Plaintiff-Appellant.

Rex David Smith, Jan Phillip Cohen, DeeAnn Boatright Waller, Chambers, Mabry McClelland & Brooks, Atlanta, GA, Julian Bennett Jagger, Freeman & Hawkins, Atlanta, GA, Thomas B. Kenworthy, Morgan, Lewis & Bockins, Philadelphia, PA, for Defendants-Appellees.

Before BIRCH, Circuit Judge, GODBOLD, Senior Circuit Judge, and O'KELLEY, District Judge.

GODBOLD, Senior Circuit Judge:

The temporary administrator of a deceased plaintiff's estate moved, pursuant to Fed. R.Civ.P. 25, that he be substituted as party plaintiff. The district court declined to order the substitution on the ground that the temporary administrator was not a "proper party" within the meaning of Rule 25 because the state court that appointed him did not have jurisdiction to make the appointment. In the same order the court dismissed the case...

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