In re Guardianship of Aimee S.

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In re Guardianship of Aimee S.

Case Number
Court Number
Call Date
May 16, 2018
Case Time
9:30 AM
Case Summary

A-17-0749 In re Guardianship of Aimee S.

Douglas County, County Court Judge Susan M. Bazis

Attorney for Appellants: Brent M. Kuhn (Brent Kuhn Law)

Attorney for Appellee (Successor Guardian): Barbara Prince

Attorney for Appellee (GAL): John M Walker, Cathy S. Trent-Vilim (Lamson, Dugan and Murray, LLP)

Civil Action: Removal and appointment of Guardian(s) and Conservator(s) for an incapacitated adult

Action taken by the trial court: In 2013, Deborah S. and June Berger filed a petition for removal of the guardian appointed for Aimee, an incapacitated adult, and sought appointment as successor co-guardians and co-conservators. The successor guardian serving at the time of the petition resigned in 2014 and a temporary successor guardian was appointed. The guardian ad litem and the successor guardian filed a joint motion for summary judgment which was granted by the county court in July 2015. Deborah and June appealed. This court dismissed the appeal for lack of jurisdiction because the county court failed to address the issue of attorney fees. On remand, the court appointed a permanent guardian, found appellants’ petition to be frivolous, and entered an order awarding the guardian ad litem attorney fees.

Assignments of Error on Appeal: Does this court have jurisdiction to address the merits of Appellants’ assignments on appeal? Did the county court err in granting the guardian ad litem and successor guardian's joint motion for summary judgment?  Did the county court abuse its discretion in finding Appellants' petition was frivolous? Did the county court err in awarding attorney fees? Did the county court err in denying Appellants' motion to alter or amend?

Case Location
Schedule Code
Panel Text
Pirtle, Riedmann, and Bishop, Judges