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KELLER v. BENNETT

No. 2011-CA-01095-COA.

103 So.3d 747 (2012)

Eddie B. KELLER, Appellant v. Joseph BENNETT, deceased, and Clara Larish, Appellees.

Court of Appeals of Mississippi.

November 20, 2012.

Attorney(s) appearing for the Case

Ricky O. Amos , Gulfport, attorney for appellant.

Toby Justin , Gammill Amanda , Smith Mullins , attorneys for appellees.

Before IRVING, P.J., CARLTON and MAXWELL, JJ.

MAXWELL, J., for the Court:

¶ 1. When a party to a lawsuit dies, and the claim survives, Mississippi Rule of Civil Procedure 25(a)(1) confers the right to substitute "the proper parties." There must be a motion for substitution made by another party or the deceased party's successor or representative. This motion must be served on parties following Rule 5 and interested nonparties following Rule 4. See M.R.C.P. 4, 5. And when "death is suggested upon the...

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