The Dismissal of a Guardianship Application Without Prejudice Is Not A Final, Appealable Order

In re Guardianship of Dougherty, 11th Dist. App. No. 2013-A-0048. The probate court adopted a magistrate's decision dismissing an application for guardianship without prejudice for lack of jurisdiction over the ward. A dismissal without prejudice "constitutes 'an adjudication otherwise than on the merits'" and leaves the parties in the same position they were in prior to the application being filed. In other words, the applicant has the option to apply again, because the dismissal did not finally decide the establishment of a guardianship. Presumably, if the ward relocates her residence to the county in which the court has jurisdiction and/or the applicant applies in the appropriate jurisdiction, the guardianship application can once again be litigated. Under the present circumstances, the dismissal of the guardianship application without prejudice was not a final, appealable order, and the dismissal of the application was affirmed.