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FERNANDEZ v. GUARDIANSHIP OF FERNANDEZ

No. 3D09-1000.

36 So.3d 175 (2010)

Nancy FERNANDEZ, Appellant, v. GUARDIANSHIP OF Elsa Maria FERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

June 2, 2010.

Attorney(s) appearing for the Case

Stratton & Feinstein, and Douglas D. Stratton and Alicia Almansa Roman, for appellant.

De la O, Marko, Magolnick & Leyton and Miguel M. de la O, Miami, for appellee.

Before RAMIREZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

This is an appeal of an order denying a verified petition to determine incapacity. We remand for a new trial.

Nancy Fernandez, the daughter, filed a verified petition to determine incapacity of her mother, Elsa Maria Fernandez. The court appointed an examining committee. Two members of the examining committee recommended a limited guardianship and the third member concluded that no guardianship was necessary.

The matter came before the...

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