Tenn. R. App. P. 19
Advisory Commission Comments.
Subdivisions (a) through (d) provide that no appeal shall be dismissed because of the death or removal from office of any party, as long as the claim sought to be enforced is not extinguished by reason of death. The procedure for substitution described in this rule is similar to the rule on substitution of parties in civil actions specified in Rule 25 of the Tennessee Rules of Civil Procedure.
Subdivision (a) is in accord with Federal Rule of Appellate Procedure 43. It authorizes an attorney of record for the deceased to take an appeal on behalf of successors in interest if the deceased has no personal representative. Without such a provision, it is possible to argue that if a party entitled to appeal dies before the notice of appeal is filed, the appeal can be taken only by the deceased party's legal representative and must be taken within the time ordinarily prescribed. Subdivision (a) also authorizes an appeal to be taken against someone who has died after the entry of a judgment but before notice of appeal is filed.
In accordance with the general spirit of these rules, the omission of an order of substitution is not fatal to an appeal, but may be entered at any time under subdivision (d).
Subdivision (e) permits the addition or dropping of parties by the appellate court. This subdivision finds a parallel in Tennessee Rule of Civil Procedure 21.