Clark v. HufferAnnotate this Case
In 2005, the district court appointed Brenda Clark as the guardian of MKH, who was born not long after the appointment. In 2006, the court extended the guardianship. In 2014, Father filed a petition seeking to vacate the 2005 order. Father then filed a motion to dismiss for lack of subject matter jurisdiction, arguing that the district court did not have jurisdiction to enter its 2005 order appointing Clark as MKH’s guardian because MKH was not yet born. The district court entered an order granting Father’s motion to dismiss for lack of jurisdiction and declared the 2005 and 2006 orders void. The Supreme Court reversed, holding (1) a court may not appoint a guardian for an unborn child; but (2) the 2005 order appointing a guardian did not rise to the level of a jurisdictional defect.