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IN RE COATS

No. 06-19-00040-CV.

580 S.W.3d 431 (2019)

IN RE Victoria COATS, Independent Executrix of the Estate of Hobart Rutherford Key, Deceased.

Court of Appeals of Texas, Texarkana.

Decided: June 27, 2019.

Attorney(s) appearing for the Case

Nolan Smith , Gregory D. Smith , Smith Legal, PLLC, Morgan Wood , Steven W. Comte , Starr Schoenbrun & Comte, PLLC, Tyler, TX, for Relator.

Marty L. Young , Brent Goudarzi , Geoffrey G. Hoover , Goudarzi & Young LLP, Gilmer, TX, John R. Mercy , Mercy & Carter, LLP, Texarkana, TX, for Real party in interest.

Before Morriss, C.J., Burgess and Stevens, JJ.

OPINION

Hobart Rutherford Key passed away during the pendency of Debra Sims' personal injury lawsuit against him. Counsel for Key filed a suggestion of death, but a writ of scire facias did not issue, and the estate representative was not substituted in place of Key at that time. The case proceeded to trial...

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