Cross v. Hudon

The plaintiff appeals from the trial court’s judgment dismissing this action for lack of subject matter jurisdiction. The plaintiff claims that the trial court (1) failed to conduct an evidentiary hearing *731to determine if it had subject matter jurisdiction, and (2) improperly dismissed the action upon its finding that a guardian may not institute a legal action against her ward. Because we conclude that, under the facts of this case, the trial court should have conducted an eviden-tiary hearing, we need not reach the plaintiffs second issue. Accordingly, we reverse the trial court’s judgment.

Th…