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Franklin v. Max Fed. Credit Union

Alabama Court of Civil Appeals

November 21, 2014

Eric Franklin
v.
Max Federal Credit Union

Released for Publication August 5, 2015.

Appeal from Montgomery Circuit Court. (CV-14-95). Truman M Hobbs, Jr., TRIAL JUDGE.

APPEAL DISMISSED.

Eric Franklin, Appellant, Pro se.

For Appellee: Leonard N. Math, Katherine E. Luders, Chambless Math Carr, P.C., Montgomery.

THOMPSON, Presiding Judge. Pittman, Thomas, Moore, and Donaldson, JJ., concur.

OPINION

THOMPSON, Presiding Judge.

Eric Franklin appeals from a judgment of the Montgomery Circuit Court reviving an earlier judgment against him. However, for the reason discussed below, we dismiss the appeal.

The record indicates that the notice of appeal was signed and filed by Nue Franklin (" Nue" ). The record also makes clear that Nue is not an attorney. Nue appeared at the hearing the trial court held in this matter and advised the court that she had obtained a power of attorney " to act in [Franklin's] stead." She attempted to argue on behalf of Franklin, but, after " checking" with the Alabama State Bar Association, the trial court made her leave the courtroom.

One of the issues raised in Franklin's brief on appeal is " [w]hether the trial court erred in finding that a power of attorney could not grant permission to a non-attorney representative, to appear pro

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se in court in a representative capacity as 'next friend,' or agent,' without the presence of the 'real party' in court." In the argument portion of the brief, Franklin asserts that Nue " was wrongfully restricted from representing his interests as granted by the power of attorney." It appears that Nue has continued with her efforts to " represent" Franklin on appeal.

Under Alabama law, one is engaged in the practice of law if he or she

" [i]n a representative capacity appears as an advocate or draws papers, pleadings, or documents, or performs any act in connection with proceedings pending or prospective before a court or a body, board, committee, commission, or officer constituted by law or having authority to take evidence in or settle or determine controversies in ...

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