Dolin v. Lupo

Citations

• 2023 Ohio 3074

Syllabus

Trial court erred in substituting for the plaintiff who died during the pendency of this partition action the deceased plaintiff's husband, as administrator of decedent's estate, because no estate had been opened. The trial court could not have substituted the decedent's husband, individually, as the plaintiff, because he had not filed a timely motion for substitution in his individual capacity. Trial court then erred in entering judgment for the nonexistent, substituted plaintiff. Because no motion for substitution of a proper party was made within 90 days after the filing of notice of the plaintiff's death, the trial court was required to dismiss the action without prejudice pursuant to Civ.R. 25(A)(1) for lack of personal jurisdiction. Judgment reversed.