in Re KC Greenhouse Patio Apartments. LP, 2012 Tex. App. LEXIS 6805

KC Greenhouse Patio Apartments, LP challenges a trial court order removing Shardae Redman as Kendra Brooks’s next friend and appointing Kenneth Brooks, Sr. as next friend and guardian ad litem.
Kendra Brooks is a minor whose mother, Redman, previously represented her in the wrongful death suit stemming from Kenneth Brooks Jr.’s death.
Redman did not respond to discovery; Greenhouse moved to dismiss her claims and remove her as next friend and appoint a guardian ad litem.
The trial court appointed a guardian ad litem to investigate for conflict between Redman and Kendra, then appointed Brooks as next friend/guardian ad litem.
Greenhouse petitioned for mandamus, arguing the appointments exceeded the court’s statutory authority and violated procedural rules.
This Court held the trial court abused its discretion by removing Redman and appointing Brooks without proper authority under Rule 44 or Rule 173.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Brooks’s appointment as next friend authorized by Rule 44?	Greenhouse: Rule 44 permits replacing next friend when no guardian exists.	Redman: Kendra has a legal guardian; Rule 44 does not authorize replacement.	No; Rule 44 did not authorize replacement of Redman as next friend.
Was Brooks’s appointment as guardian ad litem authorized by Rule 173?	Greenhouse: Rule 173 is applicable for adverse-interest situations.	Redman: No adverse interest; appointment would be improper.	No; no evidence of adverse interest; appointment exceeded Rule 173.

Davenport v. Garcia, 834 S.W.2d 4 (Tex. 1992) (abuse-of-discretion standard for guardian ad litem appointments)
McGough v. First Ct. of Appeals, 842 S.W.2d 637 (Tex. 1992) (guardian ad litem authority and limits)
Ford Motor Co. v. Garcia, 363 S.W.3d 573 (Tex. 2012) (interpretation of civil procedure rules; plain-language approach)
King v. Payne, 292 S.W.2d 331 (Tex. 1956) (adverse-interest framework for guardian ad litem)