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Florida District Courts of Appeal, 1985

In re Guardianship of Dull

In re Guardianship of Dull
Florida District Courts of Appeal · Decided February 27, 1985 · Downey, Hurley, Walden
466 So. 2d 6; 10 Fla. L. Weekly 510; 1985 Fla. App. LEXIS 12683 (Southern Reporter, Second Series)

In re Guardianship of Dull

Opinion of the Court

PER CURIAM.

AFFIRMED.

*7DOWNEY and WALDEN, JJ., concur. HURLEY, J., dissents with opinion.

Dissenting Opinion

HURLEY, Judge,

dissenting.

I respectfully suggest that the trial court abused its discretion when it appointed a bank to act as guardian for an' elderly woman who had been adjudicated incompetent. The record demonstrates that the woman’s financial affairs had been managed successfully for many years by one of her sons who indicated a willingness to serve as the guardian of her property. In my view, section 744.312(2)(a), Florida Statutes (1983), and our decision in In re Castro, 344 So.2d 270 (Fla. 4th DCA 1977), cert. denied, 355 So.2d 513 (Fla. 1978), dictate a reversal in this case.

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