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LOSH v. McKINLEY

No. 3D11-1575.

86 So.3d 1150 (2012)

Frances L. LOSH, Appellant, v. Carlin McKINLEY, Appellee.

District Court of Appeal of Florida, Third District.

April 25, 2012.

Attorney(s) appearing for the Case

Ronald G. Baker , Coral Gables, for appellant.

Simon and Simon and Joy B. Spill , Miami; Arnaldo Velez , Coral Gables, for appellee.

Before RAMIREZ, LAGOA, and FERNANDEZ, JJ.

LAGOA, J.

Frances L. Losh ("Losh") appeals the trial court's order determining limited incapacity. We reverse and direct the trial court to restore Losh to her full capacity.

I. FACTUAL HISTORY

Losh is a ninety-three-year-old widow. She has one child, the appellee Carlin McKinley ("McKinley"), who lives in Washington State. In the fall of 2010, Losh fell at home and broke her tailbone. She believed that she had bruised her tailbone and did...

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