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GRAHAM v. HERRING

No. 102,789.

242 P.3d 253 (2010)

Rich GRAHAM and Lisa Graham, Appellees, v. Angela HERRING as Administrator for the Estate of Elizabeth A. Jones, Appellant.

Court of Appeals of Kansas.

November 24, 2010.

Attorney(s) appearing for the Case

Amy S. Lemley , Stephen M. Kerwick , and Bradley C. Mirakian , of Foulston Siefkin LLP, of Wichita, for appellant.

Gregory C. Graffman , Theodore C. Geisert , and Curtis E. Watkins , of Geisert, Wunsch, Watkins & Graffman, of Kingman, for appellees.

Before LEBEN, P.J., PIERRON, J., and BUKATY, S.J.

LEBEN, J.

Before her death, Elizabeth Jones brought several legal claims against Rick and Lisa Graham. After Jones' death, the Grahams filed a notice in court that Jones had died, triggering a requirement that any successor to Jones' claim ask within a reasonable time to be substituted for Jones in the suit. See K.S.A. 60-225(a)(1). When more than 9 months had gone by after Jones' death, the Grahams filed to dismiss the lawsuit.

Angela Herring was appointed...

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