McElroy v. Hubbard Properties, Inc.

Summary

The Alabama Supreme Court held that a wrongful-death action filed by a person who had not been appointed the decedent’s personal representative was a legal nullity. Because the action was void from its inception, the later substitution of the appointed administratrix could not cure the defect, and the court granted mandamus directing entry of summary judgment for the defendants.

Holdings

1. Only the personal representative of a decedent's estate—an executor or administrator—may bring an action under Alabama's wrongful-death statute. A suit filed by a person who has not been appointed executor or administrator is a legal nullity.
2. Substitution of the properly appointed administratrix as plaintiff cannot cure a wrongful-death action that was a nullity when filed; the doctrine of relation back under Rule 15(c) does not apply.
3. Mandamus review was available because the defendants challenged the plaintiff's standing and the trial court's subject-matter jurisdiction, presenting an exception to the general rule that denial of summary judgment is reviewable only on appeal.

Questions Presented

1. Whether a wrongful-death action filed by a person who had not been appointed executor or administrator of the decedent's estate is a legal nullity.
2. Whether substitution of the properly appointed administratrix as plaintiff can cure the defective filing or permit relation back under Rule 15(c), Alabama Rules of Civil Procedure.
3. Whether mandamus is available to review the denial of summary judgment when the defendants challenge the plaintiff's standing and the trial court's subject-matter jurisdiction.

Disposition

writ_granted