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Necaise v. Sacks3/27/2003
eed order on March 3, 1999, directing that "Nancy Necaise, individually and on behalf of the wrongful death beneficiaries of Charles Freeman is hereby substituted as the party plaintiff in this civil action." In September, 1999, the chancery court found as a fact that Freeman's estate consisted solely of his cause of action for "personal injuries and/or wrongful death,"and that Necaise was Freeman's sole survivor; therefore, Freeman's will was admitted to probate and Necaise was appointed as executrix of her deceased father's estate. Subsequent to this chancery court action, in the same month, Necaise then filed her first amended complaint in the same circuit court action initially commenced by her father during his lifetime.
. Based on our decision in Richardson, admittedly rendered subsequent to the learned trial judge's dismissal of this action, we find that Necaise is able to maintain this suit which was commenced by her father during his lifetime. Accordingly, we reverse the trial court's grant of the defendants' motion to dismiss pursuant to Miss. R. Civ. P. 12(b)(6).
. Because our decision as to Issue I is dispositive, we need not discuss the remaining issues.
CONCLUSION
. For the reasons herein stated, we find that the learned trial judge erred in granting the defendants' motion to dismiss. Accordingly, we reverse the trial court's judgment of dismissal and remand this case to the Circuit Court of Hancock County for proceedings consistent with this opinion.
. REVERSED AND REMANDED.
PITTMAN, C.J., SMITH, P.J., WALLER, COBB, EASLEY AND GRAVES, JJ., CONCUR. DIAZ, J., CONCURS IN RESULT ONLY. McRAE, P.J., NOT PARTICIPATING.
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