ROTHMAN v. ROTHMAN

No. 4D11-4197.

93 So.3d 1052 (2012)

Joseph ROTHMAN, Petitioner, v. Daniel ROTHMAN, Jonathan Rothman, Thomas Panza, Esq., (Conservator), Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 29, 2012.


Attorney(s) appearing for the Case

Terrance P. O'Connor of Morgan, Carratt and O'Connor, P.A., Fort Lauderdale, for petitioner.

Richard C. Milstein and Jeffrey T. Cook of Akerman Senterfitt, Miami, for respondent.


MAY, C.J.

An alleged incapacitated person (AIP) petitions this court for a writ of mandamus requiring the trial court to dismiss a petition to determine his capacity. He argues the trial court must dismiss the petition because two of the three members of a committee appointed to evaluate him have twice found him capacitated. § 744.331(4), Fla. Stat. (2010). We agree and grant the petition.

The AIP's grandson initiated the guardianship along with his siblings...

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