Tennessee Department of Human Services v. Andrew Jackson Heaton
E2021-00791-COA-R3-CV
Tenn. Ct. App.Sep 3, 2021Background:
- On July 7, 2021, Sharla Bentley (pro se) filed a notice of appeal purporting to act as "next friend" for Andrew Jackson Heaton.
- Dustin D. Jones had been appointed attorney ad litem for Heaton in the trial court; the trial court’s June 10, 2021 order relieved Jones from further representation after Heaton did not request an appeal.
- Jones and the Tennessee Department of Human Services filed notices in this Court asserting Bentley is not an attorney and does not qualify as next friend.
- This Court issued a show-cause order (July 29, 2021) directing Bentley to demonstrate why the appeal should not be dismissed.
- The Court held that Rule 17 allows suits by a next friend but does not permit a non-attorney next friend to practice law (i.e., to file pleadings/appeals) on behalf of another.
- Bentley failed to prove she was a licensed attorney or represented by one; the Court dismissed the appeal and taxed costs to Bentley.
Issues:
| Issue | Plaintiff's Argument (Bentley/Heaton) | Defendant's Argument (Tennessee DHS / Jones) | Held |
|---|---|---|---|
| Whether a non-attorney next friend may file an appeal on behalf of an infant/incompetent | Bentley asserted authority to proceed as next friend and filed the notice of appeal herself | DHS and Jones argued Bentley is not an attorney, not a valid next friend, and cannot practice law for another | A non-attorney next friend may not practice law; the notice of appeal is a nullity and the appeal is dismissed |
| Whether proceedings initiated by a non-attorney purporting to represent another are valid | Bentley implicitly sought the Court to accept her filing as valid | DHS/Jones relied on precedent that such proceedings are a nullity and must be dismissed | Proceedings by a person not licensed to practice law on behalf of another are a nullity; dismissal affirmed |
| Whether Bentley met the burden to show she was an attorney or properly represented | Bentley’s response to show-cause did not establish attorney status or counsel representation | DHS/Jones argued absence of any showing that Bentley was licensed or represented by counsel | Bentley failed to show entitlement to act; appeal dismissed and costs taxed to her |
Key Cases Cited
- Vandergriff v. Park Ridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015) (non-attorney next friend may not practice law; filings are nullities)
- Petition of Burson, 909 S.W.2d 768 (Tenn. 1995) (defining "practice of law" as services requiring a lawyer's professional judgment)
- Old Hickory Eng'g & Mach. Co., Inc. v. Henry, 937 S.W.2d 782 (Tenn. 1996) (preparing and filing a complaint constitutes practice of law)
- Bivins v. Hosp. Corp. of Am., 910 S.W.2d 441 (Tenn. Ct. App. 1995) (attempted appeal by non-attorney purporting to represent another will be dismissed)