State Ex Rel. Perman v. District Court of the Thirteenth Judicial District

This is an appeal of an order dismissing a complaint and *132imposing conditions upon the plaintiff’s right to refile. We vacate the order of the District Court and remand the cause for a competency hearing to determine whether appointment of a guardian ad litem is necessary and whether the notice of dismissal was filed with plaintiffs consent.

The following issues are dispositive:

1. After removing Calvin Perman as guardian ad litem, did the District Court lack jurisdiction to dismiss the complaint?

2. Did the court err in dismissing plaintiff’s complaint by order of the Court, under Rule 41(a)(2),…