WILLS & ESTATES – Failure to join indispensable party, claim for funeral expenses: Rice v. Steele (C OA 9/18/2009)

Rice v. Steele
2008-CA-000308 9/18/09 2009 WL 2971596

Opinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court dismissed appellant’s appeal from an order dismissing her claims against her mother’s estate and vacated in part and remanded a partial summary judgment in favor of appellant on her claim for restitution for her mother’s funeral expenses.

The Court granted appellee’s motion to dismiss the appeal for appellant’s failure to join her siblings. The siblings were named defendants in the court below. Therefore, in their individual capacities, they were indispensable and naming the estate alone was fatal. The Court then held that the trial court erred in granting partial summary judgment to appellant on the claim of restitution for funeral expenses when the motion for summary judgment failed to name and serve the siblings.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.