No one ever said it was easy trying to rewrite the history books. But that's exactly what Eliza Presley's lawsuit seeks to do. She has been battling for two years in court, trying to prove that Vernon Presley (father of Elvis) really is her father too, based on DNA evidence she's gathered. That same DNA evidence also would show that Elvis is alive.
So it's no wonder that there are people desperate to stop her. Elvis Presley Enterprises makes 55 million dollars a year (as of 2009), which would be in serious jeopardy if Elvis was proven to actually be living. Elvis makes a regular appearance on Forbes' annual list of top-earning deceased celebrities.
Clearly, someone is trying to oppose Eliza's lawsuit in court and stop her from trying to show the world that she is who she says she is and that Elvis is alive.
As I discussed in my last article on the case, an attorney filed a response on behalf of "the named defendant". He asked the court to throw out the case on legal grounds, rather than challenging the facts (and DNA) supporting Eliza's claims. I pointed out in my prior article that this legal filing was odd and could lead to an interesting twist to the case.
It looks like that prediction was correct.
The only "named defendant" in the case is Lisa Marie Presley-Lockwood (pictured above, with her husband). There are no other known heirs of Vernon Presley. But, does this attorney actually represent Lisa Marie? Did she truly hire him and authorize him to oppose Eliza in court? If so, why did the papers he filed never mention her by name, even once?
Eliza Presley and her attorney don't think he actually does represent Lisa Marie. In fact, they have good reason to believe that Lisa Marie did not hire this attorney, does not oppose Eliza's lawsuit, and, in fact, knows that Eliza is actually telling the truth.
Accordingly, Eliza Presley's lawyer filed this Motion on October 8th asking the court to "stay" (or put a hold on) the motion filed by this attorney to permit her the opportunity to take discovery into the motion. What does that mean? This letter she sent to the attorney who filed the motion against Eliza's case explains what's really going on.
The letter asks him to "please definitively identify each and every person whom you represent". It also states:
If you assert that Lisa Marie Presley-Lockwood is your client, please provide a copy of your contract with her or any other document which evidences that she has retained you in this matter.
This letter was faxed to the attorney who is opposing Eliza's claims more than a week ago. Eliza's attorney asserts that under Tennessee law, she is entitled to see proof that this lawyer really does represent Lisa Marie. So far, there has been no response to the letter.
Lawyers do not have the power to intercede in lawsuits unless they are authorized to do so on behalf of a client who is a party to the case. If Eliza and her lawyer are correct, and Lisa Marie did not actually hire this attorney, then the opposition to the lawsuit will be disregarded and Eliza will win by default. I explained in a prior article what happens in that instance.
So what is going on with the attorney who filed this motion ... and whoever actually did hire him? If one were to ask the King, I'd have to imagine his response would be that there's a ... Whole Lotta Shakin' Goin' On.
Posted by: Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs: Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law.Follow us on Google+