Correa v. Estate of Hascall
Annotate this CaseGloria Correa was involved in a motor vehicle accident with E. Dean Hascall (Hascall). Hascall later died of causes unrelated to the accident. After Hascall’s estate was closed, Correa filed a negligence action against the estate and the estate’s personal representative, Neomi D. Hascall (Neomi). The estate and Neomi moved for summary judgment, arguing that dismissal would be appropriate because Correa filed suit against a closed estate and a discharged personal representative. Correa, however, filed an emergency motion to reopen the estate and assign a special administrator for purposes of service, which was granted. The district court granted summary judgment for the estate and Neomi and denied Correa’s motion for leave to file an amended complaint. The Supreme Court dismissed Correa’s appeal, holding that, because the special administrator was not served within six months of the commencement of this action, the district court lacked jurisdiction over Correa’s claims, and likewise, this Court lacked jurisdiction over Correa’s appeal.
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