Smith v. Rebsamen Med. Ctr., Inc. (Majority)Annotate this Case
Mark Smith died after he was taken to the emergency room at Rebsamen Medical Center. Appellants sought to be appointed as co-special administrators of Smith's estate and then filed the instant wrongful-death action. However, the order of appointment was not filed until two days after Appellants filed the action. Appellees moved for summary judgment arguing that the wrongful-death complaint was a nullity as Appellants lacked standing to bring such an action. While the motions were pending, Appellants filed a motion in the probate court seeking entry of a nunc pro tunc order to reflect that the order of appointment had been filed two days before it was actually filed. The probate court entered an order on motion nunc pro tunc. Nevertheless, the circuit court granted Appellees' motions for summary judgment on the basis that the complaint was a nullity because Appellees lacked standing to bring the action at the time of its filing. The Supreme Court reversed, holding that the grant of summary judgment was in error, as the circuit court lacked authority to invalidate or disregard the order from the probate division, which established that Appellants had been appointed as administrators prior to the filing of the wrongful-death complaint. Remanded.