Key legal question
Whether the non-admitted Rechtsbeschwerde was admissible against the appellate order appointing a supplemental guardian.
Extracted holding
The appeal on points of law was inadmissible because the appellate court had not admitted it and the case was not covered by the statutory exception allowing a non-admitted Rechtsbeschwerde.
Extracted reasoning
Under Section 70(1) FamFG, a Rechtsbeschwerde requires admission by the appellate court. The appointment of a supplemental guardian under Sections 1899(4), 1908i(1), 1795(1), 1796 BGB, possibly in conjunction with Section 181 BGB, does not fall within the exception in Section 70(3) sentence 1 no. 1 FamFG. The omission of an express review of admission by the appellate court was immaterial because admission would not have been possible.