Dennis N. Etheredge et al. v. Estate of Doris Etheredge

This is the second appeal arising from this declaratory judgment action. The defendant died during the pendency of this action. After a suggestion of the defendant’s death was filed with the trial court, the defendant’s probate estate was substituted as the defendant. More than one year after the defendant’s death, the defendant’s estate filed a motion to dismiss on the ground the plaintiffs failed to properly revive the action against the defendant’s estate as required by Tennessee Code Annotated § 30-2-320. The trial court agreed and dismissed the action on the ground the plaintiffs did not follow the procedures of Tennessee Code Annotated § 30-2-320 because they filed “neither an order of revivor nor the complaint [from] this case in the Decedent’s probate proceeding, In re Estate of Doris Etheredge, Putnam Co. Probate Court No. 20739 at any time, much less within one (1) year of the Decedent’s date of death.” We affirm.