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Toenniges v. Steed
Citations: 321 Ga. App. 219; 739 S.E.2d 94; 2013 Fulton County D. Rep. 507; 2013 WL 856715; 2013 Ga. App. LEXIS 152Docket: A12A2404
Court: Court of Appeals of Georgia; March 8, 2013; Georgia; State Appellate Court
Donald Wayne Toenniges, acting pro se, filed a lawsuit against Donna Steed for fraud and misrepresentation involving a promissory note and deed to secure debt. The trial court granted summary judgment in favor of Steed. Toenniges attempted to appeal this decision; however, the court determined it lacked jurisdiction due to Toenniges being a prisoner at the time of filing the civil action. Under the Prison Litigation Reform Act of 1996, appeals in civil cases initiated by prisoners cannot be made directly. Instead, a prisoner must file an application with the appropriate appellate court, and failure to do so results in dismissal of the appeal. While the original complaint included Grady Randall Tilson and Ida Mae Tilson as plaintiffs, only Toenniges signed it. He submitted an affidavit from the Tilsons granting him limited power of attorney to represent their interests and sign pleadings on their behalf. Despite this, Toenniges, who is not an attorney, is prohibited from representing other parties, which constitutes unauthorized practice of law. Therefore, the Tilsons were not properly recognized as party plaintiffs. As a result of Toenniges' failure to comply with necessary legal procedures, the court ruled it lacked jurisdiction to consider the case, leading to the dismissal of the appeal. The decision was made on March 8, 2013, with reconsideration denied on April 4, 2013.