April 10, 2012
IN THE MATTER OF THE CONSERVATORSHIP AND GUARDIANSHIP OF D.F.S. G.A.S.,
PETITIONER AND APPELLANT
RESPONDENT AND APPELLEE
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wickham Corwin, Judge.
N.D. Supreme CourtGuardianship/Conservatorship of D.F.S., 2012 ND 68 This opinion is subject to petition for rehearing. [Go to Documents]
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MODIFIED AND AFFIRMED.
[¶1] Gary Stibbe appeals from a district court judgment dismissing with prejudice, for improper service, his petition for appointment as a guardian and conservator of his father. Stibbe argues the district court should have allowed him to proceed with his action and testify telephonically in support of his petition. We summarily affirm under N.D.R.App.P. 35.1(a)(7), and we modify the district court's judgment to be without prejudice for a lack of personal jurisdiction. See Western Life Trust v. State, 536 N.W.2d 709, 712 (N.D. 1995) (A district court without personal jurisdiction over a defendant "is powerless to do anything beyond dismissing without prejudice.").
[¶2] Gerald W. VandeWalle, C.J. Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner
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