Swann v. Marks

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Misnomer arises when the right person is incorrectly named, not where the wrong person is named.”
• “[A]ctions [against a decedent] may only be [properly] filed against the decedent’s personal representative.” (citing Code § 8.01-229(B)(2), (B)(4))
• “To toll a statute of limitations, a suit must be filed against a proper party.”
• no relation back where case wrongly filed against an “estate” and therefore was a nullity
• a decedent’s personal representative cannot be substituted for a decedent’s estate under the concept of correcting a misnomer
• “The personal representative of a decedent and the decedent’s ‘estate’ are two separate entities; the personal representative is a living individual while the ‘estate’ is a collection of property.”

Source: CourtListener parenthetical corpus (CC0).