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DROZINSKI v. STRAUB

No. 79-163.

383 So.2d 301 (1980)

Jacquelyn Bates DROZINSKI et al., Appellants and Cross-Appellees, v. Lorraine J. STRAUB, Appellee and Cross-Appellant.

District Court of Appeal of Florida, Second District.

May 9, 1980.

Attorney(s) appearing for the Case

Philip W. Dann of Baird, Robinson & Dann, and E. Paul Dietrich, St. Petersburg, for appellants and cross-appellees Jacquelyn Bates Drozinski, Peter Nemec, Laurie Ellen Bates and John B. Nemec.

R. Grable Stoutamire of Macfarlane, Ferguson, Allison & Kelly, Clearwater, for appellant and cross-appellee Bank of Clearwater, as personal representative of the estate of Barbara M. Nemec, deceased.

Emil C. Marquardt, Jr., and Stephen O. Cole of McMullen, Everett, Logan, Marquardt & Cline, P.A., Clearwater, for appellee and cross-appellant.

DANAHY, Judge.

We have occasion in this case to reconsider the question whether the guardian of an incompetent succeeds to and may exercise the incompetent's unrestricted right to withdraw funds from an account in a financial institution standing in the joint names of the incompetent and another.

In Cape Coral Bank v. Kinney, 321 So.2d 597 (Fla. 2d DCA 1975), we answered that question in the affirmative as to a joint...

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