Deaver v. Faucon Props., 2006 Ark. LEXIS 442 (Ark. 2006)

Supreme Court reversed after trial court entered an order striking and dismissing Plaintiff’s complaint with prejudice for failing to properly revive the claim after the resident’s death. Plaintiff had filed a suggestion of death, motion for appointment of special administrator and request for order substituting parties, which was granted, but did not seek a formal “order of revival.” The court held that an order substituting parties pursuant to Ark.R.Civ.P. 25 properly revived the action and, therefore the court erred in granting defendant’s motion to dismiss. Court of Appeals decision at Deaver v. Faucon Props., 2006 Ark. App. LEXIS 402 (Ark. Ct. App. 2006).

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