Stewart v. Korn

SEE, Justice.

This petition for the writ of mandamus arises out of the trial court’s denial of a motion to dismiss a complaint alleging wrongful death, prepared and filed by Donna Stewart, the executrix of Mary Stewart’s estate. The defendants — Chai-han Korn, M.D., Elias Ghafary, M.D., and K.J. Shah, M.D. — moved to dismiss the complaint on the ground that Donna Stewart had engaged in the unauthorized practice of law by signing and filing the complaint herself instead of retaining a licensed attorney to sign and file it on behalf of the estate. The trial court denied the defendants’ motion,…