A circuit court judge has turned down a motion filed by Davidson's former public guardian in a suit filed by a Hendersonville woman who has charged she was wrongly placed in a conservatorship.
In a two-page order issued Friday, Judge Hamilton V. Gayden denied the motion filed by attorneys for former Public Guardian Jeanan Stuart.
Stuart's lawyers had argued that Ginger Franklin's claims should be decided under a law limiting the claims that can be filed against public agencies because Stuart was acting as an agent of Davidson County.
But Gayden concluded that he could not grant the motion because Metro government was not even a party to the suit.
He wrote that he would reconsider the matter if Metro becomes a party to the suit within the next 30 days.
Gayden also noted that Franklin's suit charges that Stuart's conduct was "knowing and willful" which, if true, would negate the limitations.
Franklin's suit charges that Stuart failed in her fiduciary duties to look out for her best interests during the conservatorship, which was ultimately dissolved.
Stuart was removed from the public guardian's job by Probate Judge David "Randy" Kennedy after questions were raised about her billing practices. She submitted a resignation the same day.
The position remains unfilled, but a proposal by Mayor Karl Dean would created a new Public Guardian's office funded by Metro government.
Gayden's ruling comes on claims by Franklin that she was placed in a group home by Stuart and put to work caring for other residents.
In an earlier ruling Gayden dismissed other claims Franklin made relating to the loss of her condo and car due to actions or inactions by Stuart during the conservatorship. The condo was auctioned off and the car was abandoned.
