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SMITH v. SMITH

No. 5D05-619.

917 So.2d 400 (2005)

Ann SMITH, a/k/a Annie May Smith, Ward, Appellant, v. Nathan D. SMITH, II, Petitioner, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

December 30, 2005.

Attorney(s) appearing for the Case

Jane E. Carey, Orlando, for Appellant.

Stacy L. Wilde and Arthur J. Ranson, of Shuffield, Lowman & Wilson, P.A., Orlando, for Appellee.

GRIFFIN, J.

Ann Smith a/k/a Annie May Smith ["Smith"] appeals an order finding her incompetent and appointing a limited guardian of her person and property.

The petitioner below, Nathan Smith ["Nathan"], is Smith's sixty-four-year-old stepson. On September 17, 2004, Nathan filed a petition seeking to be appointed plenary guardian over Smith's person and property. The petition alleged that Smith was incapacitated due to her "doctor's diagnosis of dementia of...

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