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GRAHAM v. HERRING

No. 102,789.

305 P.3d 585 (2013)

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

Supreme Court of Kansas.

July 12, 2013.

Attorney(s) appearing for the Case

Stephen M. Kerwick , of Fouston Siefkin LLP, of Wichita, argued the cause, and Amy S. Lemley and Bradley C. Mirakian , of the same firm, were with him on the briefs for appellant.

Gregory C. Graffman , of Geisert, Wunsch, Watkins & Graffman, of Kingman, argued the cause, and Theodore C. Geisert and Curtis E. Watkins , of the same firm, were with him on the briefs for appellees.

The opinion of the court was delivered by JOHNSON, J.:

When she died, Elizabeth Jones was pursuing various counterclaims against Rick and Lisa Graham, including allegations of breach of fiduciary duty, breach of contract, fraud, and conversion. The administratrix of her estate, Angela Herring, sought to be substituted for Jones in the Graham lawsuit. Ultimately, the district court dismissed the action based upon its determination that substitution had been untimely...

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