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IN RE GUARDIANSHIP OF WALPOLE

No. 92-3334.

639 So.2d 60 (1994)

In re GUARDIANSHIP OF Brian David WALPOLE, Incompetent. The PUBLIC TRUSTEE OF STEWART HOUSE, Appellant, v. FIRST UNION NATIONAL BANK, as successor to Atlantic National Bank, As Guardian of the Property of Brian David Walpole, Appellee.

District Court of Appeal of Florida, Fourth District.

April 27, 1994.

Attorney(s) appearing for the Case

Betsy E. Gallagher of Kubicki Draper, Miami, for appellant.

Abe Rosenberg of Abe Rosenberg, P.A., Hollywood, for appellee.

ON MOTION FOR CLARIFICATION

PARIENTE, Judge.

The opinion of this court filed February 16, 1994 is withdrawn and the following opinion is substituted. Appellant's motion for rehearing is otherwise denied.

The central issue raised in this appeal is whether a probate court has discretion to deny a petition to terminate a guardianship of the property when the ward no longer resides in the state. We find no abuse of discretion in the probate court...

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