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 was invalid on an independent acknowledgment ground that the Estate did not challenge in its opening brief, and because the Estate failed to preserve its Rule 17(b) argument. The court also rejected waiver, estoppel, and laches defenses to the standing challenge, concluding that Courtyard Gardens promptly raised the acknowledgment issue after learning the relevant facts. Justice Danielson, concurring, would have held that laches barred the capacity-based standing challenge but concurred because the acknowledgment ground independently supported the judgment.