Katke v. Bersche

Betty Katke petitions this court for a writ of prohibition to prohibit the trial court from proceeding on Maria B. Kardos’ petition to determine Katke’s incapacity in the underlying action. Originally, Katke’s daughter, Linda Bersche, initiated the action by filing a petition to determine incapacity (“First Petition”), which she withdrew. In the same case, Kardos filed a subsequent petition to determine incapacity (“Second Petition”). Because the trial court lost jurisdiction over the underlying case once Bersche withdrew the First Petition, we grant Katke’s writ of prohibition.1

On March 31,…