Swenson v. Kane, 447 S.W.3d 118

Kane appointed emergency temporary guardian of minor T.S. due to Swenson's declining health (June 24, 2013).
Swenson, T.S.'s adoptive mother, filed petition to return child (August 19, 2013).
Circuit court denied petition and again appointed Kane temporary guardian (August 26 and August 28, 2013).
Swenson argued Ark. Code Ann. § 28-65-203(f)(1) unconstitutional as it concerns service, violating Amendment 80.
Final hearing held September 16, 2013; Kane appointed permanent guardian on October 23, 2013 and statute deemed constitutional as special proceeding under Rule 81.
Swenson appealed to the Arkansas Court of Appeals; case certified to Supreme Court for review of constitutionality and procedural rules governing guardianship proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of Ark. Code Ann. § 28-65-203(f)(1)	Swenson argues statute alters service, violating Amendment 80.	Kane argues statute is valid as it governs special proceedings.	Statute constitutional; guardian is a special proceeding governed by statute.

Nelson v. Cowling, 89 Ark. 334 (1909) (guardianship recognized as a special proceeding)
Sosebee v. County Line School Dist., 320 Ark. 412 (1995) (Rule 81 exception limited to statutorily created special procedures)
First Security Bank v. Estate of Leonard, 369 Ark. 213 (2007) (special proceedings governed by statute; Rule 81 exceptions apply)
In re Adoption of Martindale, 327 Ark. 685 (1997) (guardianship/special proceedings context; Rule 81 interpretation)
Hetman v. Schwade, 2009 Ark. 302 (2009) (recognition of special proceedings in guardianship)
Forrester v. Martin, 2011 Ark. 277 (2011) (statutory interpretation and constitutional review framework)
Shipp v. Franklin, 370 Ark. 262 (2007) (preservation of constitutional questions in guardianship context)