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MATTER OF EVATT

No. 86-262.

722 S.W.2d 851 (1987)

291 Ark. 153

In the Matter of Loren EVATT, an Incapacitated Person.

Supreme Court of Arkansas.

February 2, 1987.

Attorney(s) appearing for the Case

Central Arkansas Legal Services by Griffin J. Stockley, Little Rock, for appellant.

Steve Clark, Atty. Gen. by David S. Mitchell, Asst. Atty. Gen., Little Rock, for appellee.

DUDLEY, Justice.

This appeal tests the constitutionality of the temporary guardianship statute, Ark. Stat.Ann. § 57-840 (Supp. 1985). We hold that the statute violates the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States.

We only need to set out a few of the facts in order to discuss the due process issue. The probate court, acting pursuant to a provision in the statute...

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