ESTATE OF BYRD v. TINER

No. CA 02-439.

101 S.W.3d 887 (2003)

The ESTATE OF Daisy BYRD v. Lohnes Tommy TINER.

Court of Appeals of Arkansas, Division II.

April 9, 2003.


Attorney(s) appearing for the Case

David A. Hodges, Little Rock, for appellant.

Tiner & Spruell, by: Raymond L. Spruell, Jr., Harrisburg, for appellee.


SAM BIRD, Judge.

The Estate of Daisy Byrd appeals the dismissal of its wrongful-death claim against Tommy Tiner. Appellant raises two points of appeal: (1) that Tiner waived his defense that the suit was not brought in the name of the real-party-in-interest, and (2) that the trial court erred in prohibiting the Estate from amending its complaint by substituting the name of the personal representative in the place of the Estate of Daisy Byrd. We find the second point...

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