State ex rel. Waller v. Tobben

I. Introduction

John W. Waller (hereinafter “John”) and T. Scott Waller (hereinafter “Scott”)1 (together “Relators”) filed a petition for a writ of prohibition (1) ordering the Honorable David B. Tobben (“Respondent”) to vacate the March 17, 2017, order appointing David Politte as a Guardian ad Litem (the “GAL”) for John and (2) prohibiting Respondent from taking any action associated with the underlying claims unless the action is dismissing the claims. Respondent’s order instructed the GAL to: (1) meet with John and evaluate his current mental competence, his mental ability to participate in…