Blakey v. Jones
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The Supreme Court reversed the judgment of the court of appeals dismissing Appellants' appeal of the dismissal of their petition for permanent third-party custody of their great niece, K.J., holding that the court of appeals erred in dismissing the appeal for failure to timely serve the guardian ad litem with a notice of appeal under Minn. R. Civ. App. P. 103.01, subdivision 1.
After Appellants filed their petition the district court appointed a guardian ad litem. A referee approved a stipulation of shared joint legal and physical custody of K.J. by Respondent, K.J.'s mother, and K.J.'s father. After a hearing, the court dismissed Appellants' petition for third-party custody. The court subsequently discharged the guardian ad litem, after which Appellants appealed. The court of appeals dismissed the appeal for failure to timely serve the guardian ad litem under Rule 103.01, subdivision 1. The Supreme Court reversed, holding (1) the guardian ad litem was no longer a party to the action once she was discharged by the district court; and (2) Rule 103.01, subdivision 1 does not require service of a notice of appeal on a former party whose dismissal is not itself the subject of the appeal.
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