Tag Archives: guardian ad litem

Domestic Relations — Parent & Child – Termination of Parental Rights – Mother’s Competency – GAL (access required)

In re T.L.H. (Lawyers Weekly No. 14-07-1068, 21 pp.) (Rick Elmore, J.) (Robert C. Hunter, J., dissenting) Appealed from Guilford County District Court (Tabatha Holliday, J.) N.C. App. Holding: Given the serious nature of the respondent-mother’s multiple ongoing mental health ...

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Civil Practice – Change of Venue – Guardian ad Litem – Guardian of the Estate (access required)

Stern v. Cinoman Where a minor child’s guardian ad litem files a medical malpractice suit as the child’s guardian of the estate, he is allowed to bring the action in the county of his own residence. In Roberts v. Adventure Holdings, LLC, 703 S.E.2d 784 (2010), we held that "a [guardian ad litem's] county of residence is insufficient, standing alone, to establish venue." But Roberts does not apply to a guardian of the estate.

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Civil Practice – Venue – Unemancipated Minor – Guardian ad Litem – Tort/Negligence – Medical Malpractice – Appeals (access required)

Jenkins v. Hearn Vascular Surgery, P.A. Even though the infant plaintiff has spent her entire life in a Forsyth County hospital, since she is an unemancipated minor who has not been abandoned, she is considered a resident of her parents’ home in Alamance County. All parties are Alamance County residents; therefore, venue in Forsyth County is improper.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Civil Practice – Guardian ad Litem – Duties (access required)

In re A.S.Y. (Lawyers Weekly No. 10-07-1217, 16 pp.) (Ann Marie Calabria, J.) Appealed from Orange County District Court. (Page Vernon, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court appointed a guardian ...

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