OSBORNE W. PRYOR, APPELLANT,
v.
J.R. KING, APPELLEE
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The court held that a convict defendant in a quiet title action has the right to a guardian ad litem, and his wife cannot represent him via power of attorney.
Pryor, a named defendant and convict, was incarcerated and unrepresented at the summary judgment hearing for a quiet title action. His wife, holding h…
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SHIVERS, Judge.
Osborne W. Pryor, a convict, appeals final summary judgment quieting title to real property against him.
Pryor, a named defendant in the suit; showed in his pleadings that he was incarcerated. He also filed an appearance giving his wife his durable family power of attorney and requested that all correspondence to him be mailed to his prison address. At the time of the summary judgment hearing, Pryor was incarcerated in state prison, and was neither present at the final summary judgment hearing nor represented there by counsel. His wife was precluded from participation, which he asserts was error. Section 65.061(2), Florida Statutes (1985), concerning quiet title actions, provides that “a guardian ad litem shall not be appointed unless it shall affirmatively appear that the interest of minors, persons of unsound mind or convicts are involved.” Our supreme court recognized, in regard to a predecessor statute, that the appointment of a guardian ad litem in quiet title actions has come to be regarded as essential in all cases involving minors, persons of unsound mind or convicts. McDaniel v. McElvy, 91 Fla. 770, 108 So. 820, 835 (1926).
We conclude that the trial court was correct in not allowing appellant’s wife, who was armed with his power of attorney, to represent him in this case. Appellant Pryor, however, had the right to a guardian ad litem. We reverse and remand the final summary judgment as to Appellant Pryor. We require that a guardian ad litem be appointed to represent him in this litigation.
REVERSED and REMANDED.
«TOANOS and NIMMONS, JJ., concur.
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Forman v. State of Fla. Dep't OF Child. & Families, 956 So. 2d 476 (Fla. 4th DCA 2007)…briefs filed in this court. Ms. Leftow’s power of attorney to act on her mother’s behalf authorizes her to act as her mother’s agent, not as her mother’s attorney at law. See Hodges v. Surratt, 366 So. 2d 768, 773 (Fla. 4th DCA 1979); Pryor v. King, 485 So. 2d 28, 29 (Fla. 1st DCA 1986) (holding that trial court was correct in not allowing appellant’s wife, who was armed with appellant’s power of attorney, to represent him in a quiet title action). The Florida rule declaring a non-lawyer’s pleadings filed…
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Atl. Univ. v. Campbell (15th Cir. Ct. App. Div. 2009)…mpbell's power of attorney to act on her daughter's behalf authorizes her to act as her daughter's agent, it does not authorize her to act as her daughter's attorney at law. The Florida Bar v. Kaufman, 452 So. 2d 526, 527 (Fla. 1984); Pryor v. King, 485 So. 2d 28 (Fla. 1st DCA 1986) (affirming trial court where husband appealed, in part, because trial court did not permit his wife, who held his power of attorney, to appear on his behalf). Appearing in court or in proceedings which are part of the judicial…
Authorities Cited
- Nannie McDaniel v. McElvy, 108 So. 820 (Fla. 1926)