Kenny Quarles, as Special Administrator of the Estate of Bennie Jean Quarles, Deceased, and on Behalf of The…

Summary

The court affirmed summary judgment for Courtyard Gardens because the power of attorney used by Kenny Quarles was invalid, and the Estate did not challenge one independent basis for that ruling: improper acknowledgment. The court also held that the Estate's Rule 17(b) arguments were not preserved and that waiver, estoppel, and laches did not bar Courtyard Gardens from asserting the acknowledgment defect. Justice Danielson concurred, reasoning that laches would bar the separate capacity challenge but agreeing that the independent acknowledgment ground required affirmance.