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J.K. v. M.J.K. (In re M.J.K.)

SUPREME COURT STATE OF NORTH DAKOTA
Nov 6, 2018
2018 N.D. 235 (N.D. 2018)

Opinion

No. 20180058

11-06-2018

In the MATTER OF the GUARDIANSHIP and Conservatorship OF M.J.K., an Incapacitated Person Guardian and Protective Services, J.K., B.K., and L.A., Petitioners v. M.J.K., Respondent and Appellant

Guardian and Protective Services, J.K., B.K., and L.A., petitioners, no appearance. M.J.K., respondent and appellant, submitted on brief.


Guardian and Protective Services, J.K., B.K., and L.A., petitioners, no appearance.

M.J.K., respondent and appellant, submitted on brief.

Per Curiam.[¶ 1] M.J.K. appeals from a district court order continuing his guardianship. He argues the district court erred in finding that M.J.K. failed to establish a prima facie case for termination of guardianship, and that due process violations resulted in a void judgment appointing the current guardian. The district court’s order is not based on findings of fact that are clearly erroneous. The due process argument was not pursued at the district court and is waived. State v. Kieper , 2008 ND 65, ¶ 16, 747 N.W.2d 497 (Constitutional issues not raised before the district court will not be considered for the first time on appeal.). We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).

[¶ 2] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte


Summaries of

J.K. v. M.J.K. (In re M.J.K.)

SUPREME COURT STATE OF NORTH DAKOTA
Nov 6, 2018
2018 N.D. 235 (N.D. 2018)
Case details for

J.K. v. M.J.K. (In re M.J.K.)

Case Details

Full title:In the Matter of the Guardianship and Conservatorship of M.J.K., an…

Court:SUPREME COURT STATE OF NORTH DAKOTA

Date published: Nov 6, 2018

Citations

2018 N.D. 235 (N.D. 2018)
2018 N.D. 235