Lewis v. Toliver
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The Supreme Court affirmed the trial court's exercise of discretion to reconsider its initial appointment of the decedent's father as special administrator for the decedent's estate, holding that, though not required by statute or trial rule, courts should give notice and hold a hearing before appointing a special administrator or rescinding such an appointment.
After Orlando Lewis, Jr. (Junior) died in a car crash, Orlando Lewis Sr. (Senior) was appointed special administrator to Junior's estate. Shana Toliver sought to remove Senior as special administrator of Junior's estate. Kathy Calloway also asked the trial court either to reconsider its appointment of Senior as special administrator or to remove him. The court ordered that it would reconsider and rescind its prior appointment of Senior as special administrator and appoint Toliver and Calloway as co-special administrators for Junior's estate. The Supreme Court affirmed, holding (1) the trial court could reconsider its prior appointment of Senior because the underlying matter was still pending; (2) the trial court did not abuse its discretion in reconsidering its appointment of Senior; and (3) an appointing or rescinding court should notify interested parties and hold a hearing.
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