REVIVAL AND SUBSTITUTION OF PARTIES: THEISEN V. EST. OF CLAYTON C. WILSON (SC 6/21/2007)

THEISEN V. EST. OF CLAYTON C. WILSON
CIVIL PROCEDURE:  REVIVAL AND SUBSTITUTION OF PARTIES; STANDING TO OBJECT
2005-SC-000769-DG.pdf
PUBLISHED: VACATING AND REMANDING
MAJORITY OPINION BY SCHRODER
LOWER: PULASKI COUNTY
DATE RENDERED: 6/21/2007

Supreme Court looked into the issue of standing in re: real estate actions involving the heir of a deceased’s estate and found that if a case involves title to real property, the action will pass directly to the decedent’s surviving heirs. The main issue was whether, if a plaintiff dies before an action to quiet title to a parcel of real estate is decided, revival or substitution of parties is required. Supremes noted that it is well established that if a party dies after a case has been submitted for ruling, revival is not required unless further steps are to be taken in the case. Duvall v. Duvall, 550 S.W.2d 506 (Ky., 1977). Here, the plaintiff died three months AFTER the case was submitted to the court for judgment. Therefore, the Supremes held the trial court erred in dismissing the case for lack of revival.

By Cherry Henault