In re Brown

District Court of Appeal of Florida

In re Brown

539 So. 2d 43, 14 Fla. L. Weekly 676, 1989 Fla. App. LEXIS 1361, 1989 WL 22537

District Court of Appeal of Florida·Decided March 15, 1989·No. Nos. 88-3127, 88-3371·Published

Opinion

PER CURIAM.

We sua sponte consolidate these cases, both of which involve the issue of venue. The record demonstrates that the alleged incompetent is a resident of Palm Beach County. Accordingly, venue for any competency or guardianship proceedings is in Palm Beach County. In Re: Mickler’s Guardianship, 163 So.2d 257 (Fla.1964). On December 9, 1988, we entered an order granting a request for a stay in these proceedings. The trial court was without authority to proceed after the entry of that order.

We reverse the order denying the request for change of venue and remand with directions that an order be entered transferring venue to Palm Beach County. The parties are directed to see that a hearing is scheduled in Palm Beach County within thirty days, to determine the need for the appointment or continuation of a guardian on behalf of the alleged incompetent.

ANSTEAD, GUNTHER and STONE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We sua sponte consolidate these cases, both of which involve the issue of venue. The record demonstrates that the alleged incompetent is a resident of Palm Beach County. Accordingly, venue for any competency or guardianship proceedings is in Palm Beach County. In Re: Mickler’s Guardianship, 163 So.2d 257 (Fla.1964). On December 9, 1988, we entered an order granting a request for a stay in these proceedings. The trial court was without authority to proceed after the entry of that order.

We reverse the order denying the request for change of venue and remand with directions that an order be entered transferring venue to Palm Beach County. The parties are directed to see that a hearing is scheduled in Palm Beach County within thirty days, to determine the need for the appointment or continuation of a guardian on behalf of the alleged incompetent.

ANSTEAD, GUNTHER and STONE, JJ., concur.

In re Brown, 539 So. 2d 43, 14 Fla. L. Weekly 676, 1989 Fla. App. LEXIS 1361, 1989 WL 22537 (Fla. Ct. App. 1989).

Pincite

539 So. 2d 43 (In re Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related