Due Process Violation

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WI Court of Appeals – District I

Case Name: Orlin J. Root-Thalman, et al. v. Eamon Guerin, Guardian

Case No.: 2016AP2513

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Due Process Violation

Orlin Root-Thalman and Craig Root-Thalman (collectively, the Root-Thalmans) appeal a circuit court order voiding a quitclaim deed. The order was issued at a hearing on a petition for temporary guardianship of Jane, the grantor of the quitclaim deed. The Root-Thalmans allege the circuit court erred in voiding the quitclaim deed because: (1) the court violated their due process rights to notice and an opportunity to be heard; (2) the court lacked the statutory authority to void a deed during a temporary guardianship proceeding; and (3) the court did not have personal jurisdiction over them. The temporary guardian appointed during the same proceedings, attorney Eamon Guerin, contends the Root-Thalmans waived or forfeited their arguments on appeal. We agree with the Root-Thalmans, reject Guerin’s forfeiture argument, and reverse the order voiding the deed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.