The Colorado District Court specifically found that Mother was more concerned with the financial gains from having Son in her household and had ignored her parental responsibility to him. The Court further found that Mother had at least attempted to use Son's property for her own financial gain. The Court further noted that, pursuant to its previous order, attorney Russell Willis, Mother's counsel at trial and on appeal, no longer had authority to act on behalf of Son in the Missouri probate action. Mother filed her notice of appeal on June 14, 1999. Administrator claims Mother's appeal should be dismissed because, inter alia, she lacks standing to pursue this appeal on Son's behalf in her purported capacity as his next friend.
Mother claims no personal interest in the estate.
Thus, she is not personally aggrieved by any ruling of the trial court and can claim standing to pursue this appeal only if she is properly before the court as Son's next friend. Mere allegations that one is a next friend does not make such a person the next friend or guardian. Contrary to the recitation in the style of her pleadings, Mother was never appointed next friend for the minor child. Neither the docket sheet nor any other document in the legal file gives any indication that Mother was appointed as next friend or that Son ever consented to such appointment. Moreover, the Colorado District Court had expressly ruled that Mother's attorney, and thus Mother, no longer had any authority to represent Son in the Missouri probate proceeding.