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Rule 369-a. No Abatement for Death


If any party to the record in a cause dies after an appeal to or writ of error in the Court of Civil Appeals is perfected, and before such cause has been finally disposed of on appeal, such cause shall not abate by such death; but such Court of Appeals, or the Supreme Court if it has granted or thereafter grants a writ therein, shall proceed to adjudicate such cause and render judgment therein as if all the parties thereto were living, and such judgment shall have the same force and effect as if rendered in the lifetime of all the parties thereto.

Source: Arts. 1760 and 1850, which articles have been repealed pursuant to Rule 819.

New Rule.

Sept. 20, 1941, eff. Dec. 31, 1941.


June 16, 1943, eff. Dec. 31, 1943

Repealed by order of April 10, 1986, eff. Sept. 1, 1986