CENTRAL PETERSON, JR., APPELLANT,
v.
BARBARA E. PETERSON, APPELLEE

Fla. 1st DCA | 2001-08-14
No. 1D01-2399
ERVIN, WEBSTER and BENTON, JJ., CONCUR.
791 So. 2d 1195 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered appellant’s response to the Court’s order, we dismiss this appeal for lack of jurisdiction. The dismissal is without prejudice to appellant’s right to appeal when a final order is rendered in the trial court.

ERVIN, WEBSTER and BENTON, JJ., CONCUR.


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  • In re Guardianship OF Sallie B. Stephens v. Rowe, 965 So. 2d 847 (Fla. 2d DCA 2007)
    …o. 2d at 1203). In other words, an appellate court will not find an abuse of discretion unless “no reasonable person would take the view adopted by the trial court.” Wilson, 917 So. 2d at 313 (citing Canakaris, 382 So. 2d at 1203); Treloar v. Smith, 791 So. 2d 1195, 1197 (Fla. 5th DCA 2001). In Treloar, as in this case, the probate court appointed a professional guardian of the person and property. 791 So. 2d at 1196. On appeal, the ward’s son argued that the trial court erred in denying his petition for appo…
  • Morris v. Knight, 1 So. 3d 1236 (Fla. 4th DCA 2009)
    …does receive preference in appointment; however, the inquiry does not end there. The court also has the discretion to give preference to a non-relative who possesses particular experience or ability to serve as guardian. See, e.g., Treloar v. Smith, 791 So. 2d 1195 (Fla. 5th DCA 2001) (finding that while next of kin are given first consideration, statute does not man-datorily require that such an appointment be made; rather, statute specifically provides that court may appoint any person who is qualified, whet…
  • Marianne Magill Acuna & Marilyn Magill v. Dresner, 41 So. 3d 997 (Fla. 3d DCA 2010)
    …ied to serve as guardian where conflict of interest existed). An appellate court reviews a probate court’s appointment of a guardian under an abuse of discretion standard. See Miller v. Goodell, 958 So. 2d 952 (Fla. 4th DCA 2007); Treloar v. Smith, 791 So. 2d 1195 (Fla. 5th DCA 2001); Ahlman v. Wolf 413 So. 2d 787 (Fla. 3d DCA 1982). Accordingly, where the ward has designated a preneed guardian in a written declaration, as Shirley did in this case, the rebuttable presumption in favor of that designated prenee…

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