Swenson v. Kane (Majority)
Annotate this CaseShelley Kane, a resident of Texas, filed for emergency temporary guardianship of T.S., her minor niece, citing the declining health of Lois Swenson, the adoptive mother of T.S. The circuit court appointed Kane as temporary guardian. Thereafter, Swenson challenged the constitutionality of Ark. Code Ann. 28-65-203(f)(1), alleging that it creates a procedural law regarding service. In the meantime, Kane filed for permanent guardianship of T.S. After a final hearing, the circuit court appointed Kane as permanent guardian of T.S. and declared section 28-65-203 constitutional because its provisions are “special proceedings” pursuant to Ark. R. Civ. P. 81. The Supreme Court affirmed, holding that Kane’s appointed guardianship was a special proceeding and excepted from the Rules of Civil Procedure and governed by statute.
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