Taylor v. MCSA, LLC

After L.C. died, the probate court appointed his son, Bobby, as special personal representative of L.C.'s estate for the limited purpose of investigating and prosecuting all claims relating to nursing home abuse. On behalf of the estate, Bobby subsequently sued Appellees in a wrongful-death action. During the wrongful-death action proceedings, it was revealed that Bobby was a convicted felon who was not qualified to serve as a special personal representative by law. Bobby filed a motion to substitute his brother Ronnie as special personal representative, which the trial court granted. The probate court, however, later vacated its order appointing Bobby, finding the order was invalid from its inception. At issue on appeal was whether Bobby's acts prior to his removal, including his motion to substitute Ronnie, remained valid. The Supreme Court reversed, holding (1) Bobby's acts as a special personal representative were valid until the date of his removal as special personal representative; and (2) accordingly, the probate court erred by finding that the order of appointment was void ab initio. Remanded. View "Taylor v. MCSA, LLC" on Justia Law