.J.K. v. M.J.K. (In re M.J.K.), 919 N.W.2d 334 (2018)

Nov. 6, 2018 · North Dakota Supreme Court · No. 20180058

919 N.W.2d 334

In the MATTER OF the GUARDIANSHIP and Conservatorship OF M.J.K., an Incapacitated Person

Guardian and Protective Services, J.K., B.K., and L.A., Petitioners
v.
M.J.K., Respondent and Appellant

No. 20180058

Supreme Court of North Dakota.

Filed November 6, 2018

Guardian and Protective Services, J.K., B.K., and L.A., petitioners, no appearance.

M.J.K., respondent and appellant, submitted on brief.

Per Curiam.

[¶ 1] M.J.K. appeals from a district court order continuing his guardianship. He argues the district court erred in finding that M.J.K. failed to establish a prima facie case for termination of guardianship, and that due process violations resulted in a void judgment appointing the current guardian. The district court's order is not based on findings of fact that are clearly erroneous. The due process argument was not pursued at the district court and is waived. State v. Kieper , 2008 ND 65, ¶ 16, 747 N.W.2d 497 (Constitutional issues not raised before the district court will not be considered for the first time on appeal.). We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).

[¶ 2] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte