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BORDEN v. GUARDIANSHIP OF BORDEN-MOORE

No. 5D01-816.

818 So.2d 604 (2002)

Sandra Gail BORDEN, Appellant, v. GUARDIANSHIP OF Elsa Marie BORDEN-MOORE, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

May 17, 2002.

Attorney(s) appearing for the Case

Carol E. Donahue of Donahue & Isenhart, P.A., Winter Park, and Clayton Daniel Simmons of Stenstrom, McIntosh, Colbert, Whigham & Simmons, P. A., Sanford, for Appellant.

John M. McCormick, Orlando, for Appellee, Elsa Marie Borden-Moore.

Roy D. Wasson, Miami, for Appellee, Randall M. Moore.

ORFINGER, R. B., J.

Sandra Gail Borden ("Sandra") appeals the dismissal of her petitions to determine incapacity of her 81 year-old mother, Elsa Marie Borden-Moore ("Elsa") and for the appointment of a guardian in the event that Elsa was determined to be incapacitated. Because we conclude that the trial court improperly dismissed the incapacity proceedings, we reverse.

Elsa was widowed after being married to Gail Borden for 49 years. After Gail Borden's death...

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