[2] On appellee Lawson's suggestion of death and motion to dismiss, the motion is granted and Lawson is dismissed as a party appellee to this appeal. In this appeal from judgment for the defendants in a malicious prosecution suit, the cause of action against Lawson abated upon his death. 12 O.S. 1991 § 1052[12-1052]; Foster v.Byars, No. 73,933, slip op. (Okla., Feb. 13, 1990). This appeal shall proceed against the remaining appellee.
[3] DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 8TH DAY OF JUNE, 1992.
[4] HODGES, V.C.J., HARGRAVE, KAUGER and SUMMERS, JJ. — concur.