Ex Parte James G. Casey, Sr., and Julie Toner. (in Re: Jo Ann H. Casey v. James G. Casey, Sr., and Julie Toner)

Summary

The Court granted mandamus and held that the circuit court lacked subject-matter jurisdiction to remove Jo Ann Casey's guardianship and conservatorship proceeding from the probate court. Under the governing removal statute, a guardianship or conservatorship must already exist, which requires the probate court to act on the petition and create the guardianship or conservatorship before removal is available. The Court therefore ordered the circuit court to vacate its removal order, lift its stay, and dismiss the removal petition.