Evon Fratus v. Estate of Fratus (2012)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO DISMISS (# 102)

On May 3, 2012, the defendant, Brian Devine, filed a motion to dismiss the complaint filed by the plaintiff, Evon Fratus, on the ground that the court lacks subject matter jurisdiction over the plaintiff's probate appeal.   No opposition was filed by the plaintiff in response to the defendant's motion.   This matter was heard at short calendar on May 21, 2012.

The plaintiff filed a summons and complaint in this matter on March 21, 2012.   The summons is signed by “Lynn C. FRATUS on behalf (of) Evon L. FRATUS.”   Lynn Fratus describes herself as the plaintiff's sister in the summons.

The defendant argues that this court lacks subject matter jurisdiction because the person who commenced this action is not an attorney licensed to practice law in Connecticut and does not have the standing, competence or authority to initiate a lawsuit on behalf of the plaintiff.  General Statutes § 51–88(a) provides in relevant part that a “person who has not been admitted as an attorney ․ shall not ․ [p]ractice law or appear as an attorney-at-law for another, in any court of record in this state ․” “A pro se party may not appear on behalf of another pro se party.”  Collard & Roe, P.C. v. Klein, 87 Conn.App. 337, 343 n.3, 865 A.2d 500, cert. denied, 274 Conn. 904, 876 A.2d 13 (2005).

In the present case, Lynn Fratus has attempted to represent the interests of the plaintiff.   Nothing in the record indicates that Lynn Fratus is licensed to practice law in Connecticut.   Accordingly, the defendant's motion to dismiss is hereby granted.

Cosgrove, J.

Cosgrove, Emmet L., J.