Northstar Anesthesia of Alabama, LLC, and Maria Bolyard, Crna v. Paula B. Noble, as Personal Representative of The…

Summary

The Court held that Paula Noble’s wrongful-death complaint was a nullity because she had been discharged as the estate’s personal representative before filing it. Her later reappointment, which occurred after the statutory two-year period, could not relate back because the original complaint had no legal effect, and the defendants were not required to plead an affirmative defense to a nullity. Justice Shaw concurred in the result, while Justices Bryan and Murdock, joined in substance by Justice Wise, would have allowed relation back and rejected the nullity rule.