McJUNKIN v. McJUNKIN

No. 2D04-1523.

896 So.2d 962 (2005)

J. Morgan McJUNKIN, Ward, Appellant, v. J. Neville McJUNKIN and Marshall L. McJunkin, Appellees.

District Court of Appeal of Florida, Second District.

March 30, 2005.


Attorney(s) appearing for the Case

Robert L. Trohn and Monterey Campbell of Gray Robinson, P.A., Lakeland, for Appellant.

James V. Lobozzo, Jr., of McClure & Lobozzo, and Robert E. Livingston of Livingston & Livingston, Sebring, for Appellees.


KELLY, Judge.

In March 2001, at the age of seventy-nine, J. Morgan McJunkin was deprived of his right to contract, to gift or dispose of property, to sue and defend lawsuits, to manage property, and to apply for government benefits when he was declared to be incapacitated. In October 2003, through counsel, he filed a Suggestion of Capacity. After an evidentiary hearing, the trial court only partially restored Mr. McJunkin's rights. We reverse and direct the trial...

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