Monday, July 8, 2013


Original Article

Diigo Post Excerpt:
{¶ 1} Following a remand from this court (see In re Guardianship of Carl Smith, Clark App. No. 09CA0069, 2010-Ohio-4528), the Clark County Probate Court again decided to remove appellant Peggy Stewart as guardian of her mentally disabled adult son, Carl Smith. Stewart contends that the trial court erred by failing to follow the mandate from this court. She also contends that the trial court erred by failing to provide a court-ordered report to her and by permitting the prosecutor to represent the Board of Developmental Disabilities. Finally, Stewart claims that the Court lacked subject-matter jurisdiction.

{¶ 2} We conclude that the Probate Court did not fail to follow our mandate. We further conclude that Stewart has failed to demonstrate either error or prejudice arising from the fact that the prosecutor appeared and asked questions at the hearing, or from the use of a court investigator's report. We further conclude that the trial court had subject-matter jurisdiction.

{¶ 3} Accordingly, the order of the trial court from which this appeal is taken is Affirmed.

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