Supreme Court of Arkansas
Timothy Whaley, Appellant v. Pam and Don Beckham, Appellees
May 5, 20162016 Ark. LEXIS 160
Summary
The court held that the appeal was properly before it because Arkansas law permits an appeal from an order appointing a temporary guardian, and that the intervention issue remained justiciable despite expiration of the temporary guardianship because the order also made the Beckhams parties to the continuing guardianship proceeding. Applying the abuse-of-discretion standard, the court affirmed the circuit court's decision permitting the Beckhams to intervene because their claim to guardianship shared questions of fact with the probate proceeding. Justice Hart dissented, arguing that the appeal was moot and that the Beckhams lacked a legally cognizable interest supporting intervention.