ADAMS, Judge.
Appellants Benjamin Hill Vincent, Individually, and the estate of Benjamin Hill Vincent, formerly an incapacitated adult, brought suit against John Jolley and others who had previously been appointed Vincent's guardians, as well as the companies who had issued them surety bonds. Jolley died on August 16, 2007, and a suggestion of death was filed several days after his death on August 24, 2007. All attorneys of record for the parties were served by mail.
Sandra D. Jones, Jolley's daughter, was appointed personal representative of Jolley's estate on or about August 30, 2007. However,
OCGA § 9-11-25(a)(1) provides for the substitution of a party who dies during the pendency of litigation as follows:
If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representative of the deceased party and, together with the notice of the hearing, shall be served on the parties as provided in Code Section 9-11-5 and upon persons not parties in the manner provided in Code Section 9-11-4 for the service of a summons. Unless the motion for substitution is made not later than 180 days after the death is suggested upon the record by service of a statement of the fact of the death, the action shall be dismissed as to the deceased party.
It is well established that the 180-day period during which a motion to substitute must be made to avoid possible dismissal of a deceased party to litigation does not commence to run until service is made upon the nonparty representative of the estate of the deceased and that service is reflected upon the record. E.g., Anderson v. Southeastern Capital Corp., 243 Ga. 498, 255 S.E.2d 12 (1979); Dubberly v. Nail, 166 Ga.App. 378, 379(1), 304 S.E.2d 504 (1983); see also Binns v. Binns, 193 Ga.App. 554, 554-555, 388 S.E.2d 385 (1989); Ludy v. Giddens, 182 Ga.App. 111, 112, 354 S.E.2d 703 (1987) (physical precedent only); Bledsoe v. Sutton, 174 Ga.App. 248, 329 S.E.2d 589 (1985); Ridley v. Polk Brothers Constr. Co., 170 Ga.App. 349, 317 S.E.2d 326 (1984).
Appellees argue, however, that because language requiring that service of the suggestion of death be made "as provided herein for the service on the motion [to substitute]" (Ga.Code Ann. § 81A-125(a)(1)), was removed following our Supreme Court's decision in Anderson, later cases which followed it have been "superseded" and we should no longer follow those cases or adhere to "stringent and unnecessary" service requirements on the nonparty personal representative. However, under both the former and current versions of the statute, the suggestion of death must be made "upon the record by service of a statement of the fact of the death. . . ." As we explained in Northside Corp. v. Mosby, 214 Ga.App. 806, 449 S.E.2d 6 (1994),
Judgment reversed.
SMITH, P.J., and MIKELL, J., concur.