CLARKE v. SCHIMMEL

No. 2D99-3749.

774 So.2d 7 (2000)

Marion Winnifred CLARKE, Appellant, v. Herbert G. SCHIMMEL, as Plenary Guardian of the Property of Michael A. Clarke, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 17, 2000.


Attorney(s) appearing for the Case

John J. Waskom of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for Appellant.

Douglas R. Bald of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A., Sarasota, for Appellee.


WHATLEY, Judge.

Marion Winnifred Clarke appeals the order denying her motion to compel her husband's guardian to distribute to her one-half of payments collected on certain intangible property pursuant to section 744.457(1)(c), Florida Statutes (1999). We reverse.

A plenary guardian was appointed for Michael A. Clarke, to whom Mrs. Clarke has been married for over forty years, after he suffered incapacitating effects from a stroke that occurred during surgery...

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