Hearon ex rel. Willey v. Hearon

ARNOLD, Judge.

Plaintiff correctly argues that it was improper for the trial judge to collaterally review the competency proceeding, and that the defendant had no standing to attack the determination of incompetency.

Defendant’s argument that her opposition to plaintiffs motion for substitution was not a collateral attack upon the order appointing a general guardian is untenable. Black’s Law Dictionary 327 (Rev. 4th ed. 1968) defines a collateral attack upon a judicial proceeding as “an attempt to avoid, defeat, or evade it, or deny its force and effect, in some incidental proceeding not…