351 S.W.3d 25
Mo. Ct. App.2011Background
- Guardianship/conservatorship for A.C. Smith; daughter petitioned for guardian/conservator and emergency temporary appointments.
- Smith did not attend hearings; attorney stated health issues made attendance inadvisable.
- Court temporarily appointed public administrator as guardian/conservator pendente lite for 60 days after January 15, 2009 hearing.
- Smith later received proper service and attended/executed hearings; on April 9, court found incapacitated and appointed public administrator as guardian/conservator by stipulation.
- Lang, acting “on behalf of” Smith, moved to dismiss and set aside orders; Smith died during the appeal, creating mootness.
- Court dismissed the appeal as moot, holding temporary orders expired and authority ended at death; jurisdictional arguments rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot after Smith's death | Lang argues issues survive death as jurisdictional. | Smith/Davis contends mootness upon death ends authority and appeal. | Appeal is moot; death terminates guardian/conservator authority and orders. |
| Whether challenges to temporary orders are reviewable | Temp letters/appoint ments should be reviewable despite death. | Temporary orders expire and are superseded by later letters. | Temporary orders moot and not subject to review. |
| Whether statutory prerequisites are jurisdictional defects | § 475.075 compliance is jurisdictional. | Statutory preconditions are not jurisdictional per J.C.W. ex rel. Webb v. Wyciskalla. | Statutory requirements are not jurisdictional; concerns are non-jurisdictional. |
Key Cases Cited
- Estate of Pfaff v. Pfaff, 746 S.W.2d 636 (Mo.App.1988) (temporary letters superseded by later letters; not reviewable on appeal)
- In re S.L.C., 330 S.W.3d 517 (Mo.App.2010) (temporary appointments expire; not reviewable on appeal)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (statutory compliance not jurisdictional)
- State ex rel. Reed v. Reardon, 41 S.W.3d 470 (Mo. banc 2001) (threshold mootness inquiry in appellate review)
- Murray v. Hunter, 321 S.W.3d 447 (Mo.App. 2010) (mootness; limitations on review of interlocutory issues)
- State v. Parkinson, 280 S.W.3d 70 (Mo. banc 2009) (jurisdictional analysis; separation of powers)
- State v. Fassero, 256 S.W.3d 109 (Mo. banc 2008) (claims raised at first opportunity; waived if not)