Thomasson v. Thomasson

The Supreme Court reversed the judgment of the court of appeals concluding that an order appointing a guardian ad litem (GAL) for an adult is not a final, appealable order under Ohio Rev. Code 2505.02(B) and vacated the trial court’s order appointing a GAL to act on Appellant’s behalf in her divorce case.The court of common pleas, domestic relations division, issued an order appointing a GAL to represent Appellant in her divorce case without providing her with prior notice or an opportunity to be heard on the issue. The Supreme Court remanded the case to the trial court for further proceedings, holding (1) because the order was issued during a special proceeding and affects a substantial right and because Appellant will not be provided adequate relief if she is not permitted immediately to appeal the order, the order is a final, appealable order under section 2505.02(B)(2); and (2) the order violated Appellant’s due process rights. View "Thomasson v. Thomasson" on Justia Law