McNairy v. McNairy

ALMON, Justice.

The parties attempt to raise several issues; however, only one is properly presented and it is dispositive of this appeal. That issue is whether the guardianship of Ella Bailey was properly removed from the probate court to the circuit court in accordance with Code 1975, § 26 — 2—2.

We hold that it was not properly removed and that the circuit court did not acquire jurisdiction of the guardianship. Consequently, the judgment of the circuit court is void and this appeal is due to be dismissed.

In May of 1980, the appellee was notified that her sister, Ella Barley, who lived in…