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Byers-Watts v. Parker3/1/2001
Michelle Byers-Watts appeals the trial court's judgment dismissing the personal injury lawsuit filed in her capacity as guardian ad litem for her minor son. We are asked to decide whether Byers-Watts, a non-lawyer, can represent her son in the lawsuit without the services of a licensed attorney. We conclude she cannot provide such representation, and we therefore affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On January 9, 1994, nine-year-old Larry Michael Miller-Watts ("Larry") was a passenger in a truck driven by David L. Weil when it was struck from behind by a vehicle operated by appellee Toni L. Parker. Larry suffered a blow to his head and was transported to a hospital, where he was treated and released.
On the second-year anniversary of the accident, Byers-Watts, Larry's mother, acting in propria persona, filed a personal injury complaint solely on his behalf. She named Weil, Parker, and their respective spouses and insurance companies as defendants. Because Weil died before initiation of the lawsuit, Byers-Watts eventually amended her complaint to substitute appellee Robert Anderson, as special administrator of Weil's estate, as a defendant in place of Weil. Additionally, the court dismissed the claims against the insurance companies. Before entry of the dismissal order, one of the companies objected to Byers-Watts' representation of Larry, but the court never ruled on the objection.
Attorney Harold Feder entered his appearance on behalf of Byers-Watts on February 11, 1997. But Feder moved to withdraw in October of 1997 without client permission, citing "a significant difference of opinion [with Byers-Watts] in terms of how this case should be handled." Although the trial court initially denied the motion because the case was set for trial in January 1998, it ultimately granted the motion after Byers-Watts provided her consent. The court also vacated the trial date and noted that "[Byers-Watts] is looking for an attorney to represent her."
Byers-Watts failed to retain a new attorney by August 1998, and appellees therefore moved to dismiss the case, arguing that Byers-Watts was engaging in the unauthorized practice of law. The trial court agreed and ruled that Byers-Watts must be represented by an attorney in order to maintain the lawsuit on Larry's behalf. Accordingly, the court stayed the proceedings for ninety days and stated that it would dismiss the case without prejudice at the end of that time period unless Byers-Watts had secured legal representation.
Before the expiration of the ninety-day period, attorney Keith Lalliss appeared for Byers-Watts. At a pretrial management conference held on August 27, 1999, however, Lalliss orally moved to withdraw from the case. Byers-Watts stated that she did not oppose the motion, and the court therefore granted it. The court vacated the then-existing trial date and, once again, allowed Byers-Watts ninety days in which to obtain legal representation.
At a November 19, 1999, status conference, the court allowed Byers-Watts until December 17 to retain counsel. On December 20, 1999, the court granted her request for an extension of this deadline and ordered that she obtain an attorney by March 3, 2000. As of April 3, 2000, Byers-Watts still had not retained an attorney. The trial court therefore dismissed the case without prejudice to refile it. Because the court necessarily based its decision on its interpretation of court rules, we review the judgment de novo. Perguson v. Tamis, 188 Ariz. 425, 427, 937 P.2d 347, 349 (App. 1996).
DISCUSSION
Byers-Watts primarily argues that the trial court erred by dismissing the lawsuit becau
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