Appellate Law

Lack of Standing Requires Dismissal of Appeal

In Marshall v. Cook, Ms. 2070184 (Ala. Civ. App. July 18, 2008), the Court of Civil Appeals sua sponte dismissed an appeal when it determined that the appellant lacked standing.

In Marshall, a father filed suit seeking an accounting for a conservatorship established for his son.  During the pendency of the proceeding, the son reached the age of majority, and reached a settlement agreement with the conservators, even though there were funds still not accounted for.  The circut court approved the consent settlement, and the father appealed the order affirming the consent settlement.  Reviewing the issue of jurisdiction and standing sua sponte, the Court of Civil Appeals dismissed the appeal.  The court found that the father had no interest in the outcome of the accounting or of any reimbursement to the estate.  Further, the father stated claims in his own name and not on behalf of his son.  Because the father had no standing, he could not appeal the entry of the consent settlement, and the appeal was dismissed. 

Full post as published by Alabama Appellate Watch on July 23, 2008 (boomark / email).