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IN RE GUARDIANSHIP OF DAILEY

No. 81-82.

402 So.2d 537 (1981)

In re The GUARDIANSHIP OF Blanche Carolyn DAILEY, Incompetent. Ernest Ray JOHNSON, Appellant, v. Mary Helen DARNELL, Appellee.

District Court of Appeal of Florida, Fifth District.

August 19, 1981.

Attorney(s) appearing for the Case

Charles M. Holcomb, of Holcomb, Theriac & Steinberg, Merritt Island, for appellant.

Thomas E. Thoburn, Cocoa, for appellee.

PER CURIAM.

Appellant filed a petition seeking removal of appellee as guardian of the person and property of Blanche Dailey. A hearing on the petition was scheduled. The trial court heard summaries of the testimony the attorneys planned to offer at the hearing, but it refused to hear any evidence. The court opined that the petition failed to state a cause of action, although counsel for appellee never made a motion to dismiss, (oral or written), and he was prepared...

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