Gonor v. Dale

The Supreme Court affirmed the district court’s order dismissing the underlying proceeding filed by the plaintiff’s attorney seeking to substitute for the deceased plaintiff where the defendant filed the suggestion of death on the record, holding that the suggestion of death filed on the record, rather than the deceased party’s actual date of death, triggers the ninety-day time limitation prescribed in Nev. R. Civ. P. 25(a)(1).The plaintiff’s attorney in the underlying complaint filed the motions seeking to substitute for the deceased plaintiff within ninety days of the deceased plaintiff’s actual date of death. The district court denied the motions and dismissed the case with prejudice. The Supreme Court affirmed, holding (1) the plaintiff’s attorney filed the motions at issue before the expiration of the ninety-day limitation; but (2) the motions failed to identify the property party for substitution under Nev. Rev. Stat. 41.100. View "Gonor v. Dale" on Justia Law