TRACY PHILLIPS v. LANETTE BEMBRY, as Plenary Guardian of the Person and Property of J. B. B., an Incapacitated Person and TROY BUZZO

District Court of Appeal of Florida·Decided September 10, 2026·No. 6D2026-0203·Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA

Case No. 6D2026-0203

Lower Tribunal No. 2024-CP-003094

IN RE: Guardianship of J.B.B., an incapacitated person.

TRACY PHILLIPS,

Appellant,

v.

LANETTE BEMBRY, as plenary guardian of J.B.B., an incapacitated person, and TROY BUZZO,

Appellees.

Appeal from the Circuit Court for Polk County.

Susan L. Barber, Judge.

September 10, 2026

PER CURIAM.

We affirm the trial court’s determination that Tracy Phillips (“Phillips”), the daughter of J.B.B., was not an interested person for the purposes of the attorney fee hearing. Hayes v. Guardianship of Thompson, 952 So. 2d 498, 509 (Fla. 2006) (explaining that “[t]here must be a balance between ensuring that petitions for attorney’s fees are carefully scrutinized and ensuring that these petitions are not subject to endless challenges by those whose only interest is to maximize their

potential inheritance.”); Hernandez v. Hernandez, 230 So. 3d 119, 123 (Fla. 3d DCA 2017) (explaining that by itself, being next of kin does not confer interested person status, but rather an interested person is “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” (quoting § 731.201(23), Fla. Stat. (2016))). As to all other issues raised with the attorney fee award, we dismiss for lack of standing.

AFFIRMED in part; DISMISSED in part.

TRAVER, C.J., and NARDELLA and MIZE, JJ., concur.

Tracy Phillips, Oro Valley, Arizona, pro se. Keith D. Miller, of Boswell & Dunlap, LLP, Bartow, for Appellee, Troy Buzzo.

No Appearance for Appellee, Lanette Bembry, as plenary guardian of J.B.B., an incapacitated person.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED

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TRACY PHILLIPS v. LANETTE BEMBRY, as Plenary Guardian of the Person and Property of J. B. B., an Incapacitated Person and TROY BUZZO, (Fla. Ct. App. 2026).

TRACY PHILLIPS v. LANETTE BEMBRY, as Plenary Guardian of the Person and Property of J. B. B., an Incapacitated Person and TROY BUZZO (TRACY PHILLIPS v. LANETTE BEMBRY, as Plenary Guardian of the Person and Property of J. B. B., an Incapacitated Person and TROY BUZZO) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hayes v. Guardianship of Thompson
952 So. 2d 498 (Supreme Court of Florida, 2006)
Hernandez Sr. v. Hernandez
230 So. 3d 119 (District Court of Appeal of Florida, 2017)