In its recent September 28, 2016 decision in the case of Grimm v. Grimm, No. 2016 Pa. Super. 217, 915 W.D.A. 2015 (Pa. Super. Sept. 28, 2016 Olson, Stabile, and Musmanno, J.J.) (Mem. Op. by Olson, J.), Pennsylvania Superior Court addressed the issue of whether a trial court possesses subject matter jurisdiction of a claim pending against a Defendant when the Defendant in an action dies during the litigation and no personal representative is substituted in his or her place.
The court held that the death of a party deprived the trial
court of subject matter jurisdiction over litigation by or against the deceased
until such time as the deceased’s personal representative is substituted in his
or her place.
I send thanks to Attorney James M. Beck of the Philadelphia
law office of the Reed Smith law firm for bringing this case to my
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