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SUGARMAN v. GALBUT

No. 95-1686.

666 So.2d 266 (1996)

Carl SUGARMAN, in his capacity as Personal Representative of the Estate of Mort Levin, Appellant, v. Abraham GALBUT, Discharged Guardian, Appellee.

District Court of Appeal of Florida, Third District.

January 17, 1996.

Attorney(s) appearing for the Case

Jane Hendricks; Peter Ticktin, Boca Raton, for appellant.

Thomas J. Morgan, for appellee.

Before GERSTEN, GODERICH and GREEN, JJ.

PER CURIAM.

The personal representative of the estate of Mort Levin appeals an order of the probate court dismissing with prejudice an amended petition for surcharge which sought noneconomic damages for the wrongful death and negligent care of the decedent by his former guardian, appellee Abraham Galbut. In dismissing the petition with prejudice, the court found: (1) as a matter of law that the allegations could not state a cause of action for surcharge and (2) that...

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