Syllabus
When an
adverse party requests the appointment of a guardian ad litem
for a party who is not an infant and has never been
adjudicated as incompetent, rule 17.02 of the Minnesota Rules
of Civil Procedure entitles the party to notice and an
opportunity for a hearing before a guardian ad litem is
appointed.
Ramsey
County District Court, File No. 62-FA-17-2657
Linda
S. S. de Beer, Jenna K. Monson, de Beer & Associates, P.A.,
Lake Elmo, Minnesota (for respondent)
Kay
Nord Hunt, Michelle K. Kuhl, Lommen Abdo, P.A., Minneapolis,
Minnesota; and Evon M. Spangler, Spangler and de Stefano,
PLLP, St. Paul, Minnesota (for appellant)
Janet
Goehle, Roseville, Minnesota (guardian ad litem)
Considered
and decided by Smith, Tracy M., Presiding Judge; Schellhas,
Judge; and Jesson, Judge.
OPINION
JESSON,
Judge
After
appellant Sharna Ann Wahlgren requested multiple extensions
of discovery deadlines during the marital-dissolution
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proceeding, the district court appointed a guardian ad litem
for Wahlgren. Because the district court did not provide
Wahlgren with notice and an opportunity for a hearing before
appointing a guardian ad litem, as required by rule 17.02 of
the Minnesota Rules of Civil Procedure, we reverse.
FACTS
Appellant Sharna Ann Wahlgren (wife) married respondent
Russell Vander Wiel (husband) on July 5, 1996. After 21 years
of marriage, the parties separated in October 2017. That same
month, husband filed for divorce. The parties do not have any
children, and the primary issue in their dissolution
proceeding is the distribution of financial assets.
In May
2018, the parties attempted mediation but reached no
agreement. As the case headed toward trial, wife requested
several continuances and extensions of discovery deadlines
from the district court, including one on June 27, 2018. The
next day, while attending husbands scheduled deposition,
wife experienced a medical emergency rendering her
unresponsive. Wife was transported by ...