EVALYN A. CREGIER,
v.
STATE OF FLORIDA, ET AL
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The Circuit Court of Dade County had jurisdiction to proceed with the accounting, but the chancellor properly exercised discretion in deferring to the County Judge's Court of Martin County.
Evalyn Cregier, previously adjudicated insane and under guardianship, petitioned for restoration to sanity. After being declared sane, her guardian wa…
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Pursuant to Sec. 62.32, et seq., Florida Statutes, 1941, F.S.A., Evalyn A. Cregier filed a petition for restoration to sanity in the Circuit Court of Dade County.
*515An order was duly entered adjudging her to be judicially sane and requiring her guardian to restore her property to her. Thereafter on motion duly made, a rule was issued to the' guardian to show cause why he should not be in contempt for failure to account.
The guardian made return that Evalyn A. Cregier was duly adjudged insane by the County Judge of Martin County and he was appointed guardian of her property by the same court; that he gave bond as required by court order and proceeded to exercise his duty. At this point the chancellor declined to proceed with the accounting and left the parties to the forum of the County Judge’s court of Martin County.
The Circuit Court of Dade County had jurisdiction to proceéd with the accounting. Likewise the County Judge’s Court of Martin County had jurisdiction over it. The chancellor exercised sound judicial discretion in leaving the parties to the forum of Martin County because that is where the property is located; where the guardian resides and where the bond was given for the faithful performance of the guardian’s duties. The decree appealed from was entered pursuant to discretion of the chancellor and we find no error in same.
Affirmed.
THOMAS, C. J., BUFORD and BARNS, JJ., concur.
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Petition of Campbell, 72 So. 2d 59 (Fla. 1954)…by the ward. The appellant has misconceived his remedy and has prosecuted appeal instead of certiorari. We shall consider the appeal as certiorari under the provisions of Section 59.45 Florida Statutes 1953, F.S.A. In the case of Cregier v. State, 158 Fla. 514, 29 So. 2d 308, we held, in a similar case, that both the Circuit Court, which entered the Order restoring sanity,- and the County Judge’s Court, where the guardian had been appointed, had jurisdiction over the accounting between the guardian and th…
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State ex rel. Fennell v. Cnty. Judge, 3 Fla. Supp. 163 (Dade Cty. Cir. Ct. 1952)…tutory duty to account and who has been ordered by a court to account is not amenable to the orders of the court directing payments to be made in connection with such account. See section 62.35(3), Florida Statutes 1951, and Cregier v. State (Fla.), 29 So. 2d 308. In making this order, the court does not hold or imply that a litigant such as the guardian in question may not challenge the correctness of such an order by appeal as authorized by law.…