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IN RE ESTATE OF SALLEY

No. 96-2914.

742 So.2d 268 (1997)

In re the ESTATE OF Virginia Sutton SALLEY, an incapacitated person. Phil C. Gallagher, Appellants, v. Comprehensive Personal Care Services, Inc., Appellee.

District Court of Appeal of Florida, Third District.

September 3, 1997.

Attorney(s) appearing for the Case

Swan, Sheppard & Swan, Coral Gables; Timothy Carl Blake and Roy Wasson, Miami, for Appellants.

Steel, Hector & Davis and Clay Craig, Miami, for Appellee.

Before NESBITT, LEVY and GREEN, JJ.

NESBITT, Judge.

A pre-need guardian appeals an order appointing Comprehensive Personal Care Services, Inc. (Comprehensive) as guardian of the person and property of Virginia Sutton Salley, an incapacitated person. For the following reasons, we reverse with directions.

On August 22, 1996, Richard Oswald filed petitions in the lower court seeking a determination as to the capacity of his aunt, Ms. Salley, appointment of an emergency temporary guardian, and ultimately...

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