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LAWYERS SURETY CORPORATION v. SALTZ

No. 94-03743.

658 So.2d 1152 (1995)

LAWYERS SURETY CORPORATION, Appellant, v. Joanne C. SALTZ, Personal Representative of the Estate of Charles Wintergreen, Deceased, and John Losleben of Guardian Associates, as Guardian of Charles Wintergreen, Appellees.

District Court of Appeal of Florida, Second District.

August 2, 1995.

Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for appellant.

Robert L. Donald, of Law Office of Robert L. Donald, Fort Myers, amicus curiae for Juliana R. Osterhout.

Fred R. Dudley of Aloia, Dudley, Roosa, Sutton, McIver & Burandt, Cape Coral, for appellees.

WHATLEY, Judge.

The appellant, Lawyers Surety Corporation, challenges an order surcharging damages against it and the guardian, John Losleben. We reverse.

After a hearing on December 22, 1989, the trial court appointed John Losleben as emergency temporary guardian of Charles Wintergreen and appointed Dennis Avery as Wintergreen's attorney. The trial court directed Avery to talk with Charles Wintergreen and then present the court with an order for withdrawal...

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