Legal Opinion

Guardianship of Phelan

Massachusetts Appeals Court

Decided May 20, 2010No. 09-P-1452Published

1Opinion of the CourtLenk, J.

The maternal aunt of a child, Phelan, appeals from (1) a judgment of the Juvenile Court dismissing her petition for appointment as guardian, with custody, of Phelan, and (2) an order of the single justice of this court staying the dismissal of the guardianship petition pending appeal but denying her request, as interpreted by the single justice, to stay the progress of the adoption of Phelan flowing from a care and protection action. We vacate the judgment dismissing the petition for guardianship and remand the matter to the Juvenile Court for a prompt trial on the petition. We dismiss the…

2Cases cited29 opinions

  1. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  2. Demoulas v. DemoulasMassachusetts Supreme Judicial Court · 1998
  3. Gilmore v. GilmoreMassachusetts Supreme Judicial Court · 1976
  4. Petrell v. ShawMassachusetts Supreme Judicial Court · 2009
  5. Adoption of WillowMassachusetts Supreme Judicial Court · 2001

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