Opinion
No. 03-2532-CM
November 12, 2003
ORDER
Pending before the Court is the Motion for Appointment of Next Friend (doc. 4) filed by Kris Meredith, the father of Plaintiff Riley Meredith, a minor. In support of this request, Kris Meredith states that Riley Meredith desires to assert certain claims in this matter and that, because Riley Meredith is a minor, cannot do so on his own behalf. Thus, Kris Meredith has consented to act as next friend to Riley Meredith in order to pursue such claims on behalf of Riley Meredith.
The Federal Rules of Civil Procedure provide for cases in which parties may sue by a "next friend" or guardian ad litem. More specifically, Rule 17(c) states as follows:
(c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.
Applying the rule to the facts presented here, the Court finds that, as the natural father of Riley Meredith, Kris Meredith qualifies as a general guardian who may sue on behalf of a minor, without needing a formal court appointment. For these reasons, the Morion for Appointment of Next Friend is denied as moot.
See Burke v. Smith, 252 F.3d 1260, 1264 (11th Cir. 2001); Communities for Equity v. Michigan High School Athletic Ass'n, 26 F. Supp.2d 1001, 1006 (D. Mich. 1998) (citing Croce v. Bromley Corp., 623 F.2d 1084 (5th Cir. 1980), cert. denied, 450 U.S. 981 (1981)).
IT IS SO ORDERED.