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ROSENKRANTZ v. FEIT

No. 3D11-709.

81 So.3d 526 (2012)

Marjorie ROSENKRANTZ, Appellant, v. James E. FEIT, Appellee.

District Court of Appeal of Florida, Third District.

February 8, 2012.

Attorney(s) appearing for the Case

Arnaldo Velez , Coral Gables, for appellant.

Arthur J. Morburger , for appellee.

Before RAMIREZ, LAGOA, and EMAS, JJ.

On Motion for Rehearing

RAMIREZ, J.

We deny appellee's motion for rehearing, but substitute the following for the opinion issued December 14, 2011:

Marjorie Rosenkrantz appeals from an order dismissing her complaint for failure to state a cause of action. Because Rosenkrantz' complaint states a claim for declaratory relief, we reverse.

Gertrude Feit executed a Durable Power of Attorney when she began having

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