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REED v. LONG

No. 4D11-1785.

111 So.3d 237 (2013)

Michelle REED, as Guardian of the Person and Property of Frances Reed, Appellant, v. Robert LONG, Appellee.

District Court of Appeal of Florida, Fourth District.

April 10, 2013.

Attorney(s) appearing for the Case

David L. Gorman , North Palm Beach, and Rebecca G. Doane , Palm Beach Gardens, for appellant.

Jane Kreusler-Walsh and Stephanie L. Serafin of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach; Robert C. Sorgini of Sorgini & Sorgini, P.A., Lake Worth; and Christopher M. Larmoyeux of Larmoyeux & Bone P.L., West Palm Beach, for appellee.

CONNER, J.

A surcharge is an adversarial proceeding in guardianship court which allows property to be recovered from a guardian who had breached his fiduciary duty to a ward. Michelle Reed instituted a surcharge proceeding to recover a loss of consortium award obtained by Robert Long while Long pursued a medical malpractice claim on Frances Reed's (the ward) behalf. Reed pursued surcharge on a theory that, since Long's marriage to the ward was void, all monies obtained...

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