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STATE EX REL. PERMAN v. DISTRICT COURT

No. 83-191.

690 P.2d 419 (1984)

STATE, ex rel., Calvin W. PERMAN, Sr. Guardian ad litem of Alana Gayl Perman, Petitioner and Appellant, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT, IN AND FOR the COUNTY OF YELLOWSTONE, Respondent and Respondent.

Supreme Court of Montana.

Decided October 31, 1984.

Attorney(s) appearing for the Case

Overfelt Law Firm, Lee Overfelt argued, Billings, for petitioner and appellant.

Calton & Hamman, Frances Calton argued, Billings, for respondent and respondent.

WEBER, Justice.

This is an appeal of an order dismissing a complaint and imposing 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 plaintiff's consent.

The following issues are dispositive:

1. After removing Calvin Perman as guardian ad litem,...

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