Risbeck v. Bond

PREWITT, Judge.

Pursuant to motions to dismiss, the trial court dismissed plaintiffs’ petition. In their notice of appeal plaintiffs concisely define what occurred saying, “Plaintiffs Attorney-in-Fact filed and signed a Petition To Quiet Title in the name of and in place of plaintiffs. Case dismissed.”

In the trial court, and here, as best as we understand appellants’ brief, the question is whether an attorney in fact under a durable power of attorney can represent appellants by filing a petition with the court and appearing for them. We conclude that such an attorney in fact, who is not a…