Levorn Davis and Levern Davis v. Darryl Hamilton, as personal representative of the Estate of Henry Brim

Summary

The Supreme Court of Alabama held that the trial court abused its discretion by permitting substitution of the decedent's personal representative more than six months after the suggestion of death without a sufficient showing of excusable neglect. The court concluded that the unexplained approximately 15-month delay after the representative's appointment was not adequately supported by generalized references to court scheduling, the COVID-19 pandemic, and counsel's health problems. It reversed the judgment and remanded for dismissal under Rule 25(a)(1).