Estate of Kisha A. Reilly v. Dave Turko

Summary

The Delaware Supreme Court dismissed an appeal arising from the dismissal of claims concerning the drug-overdose death of Kisha A. Reilly. The Court held that Shaun Reilly, who was omitted from the amended complaint, was a nonparty without standing to appeal and lacked authority to represent the estate because he was not an attorney. The Court also held that a power of attorney could not authorize a nonlawyer nonparty to bring an appeal on behalf of the estate.

Holdings

1. A person who is not a party to the operative amended complaint lacks standing to bring a direct appeal.
2. A nonparty who is not an attorney may not prosecute an appeal on behalf of an estate under a power of attorney.

Questions Presented

1. Whether Shaun S. Reilly, who was not a party to the amended complaint, had standing to appeal the Superior Court's dismissal.
2. Whether a nonlawyer nonparty could prosecute an appeal on behalf of the estate under a power of attorney.

Disposition

dismissed