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In Re: Luczka v. Bahamonde

District Court of Appeal of Florida, Third District
Feb 26, 2003
837 So. 2d 1163 (Fla. Dist. Ct. App. 2003)

Opinion

Case Nos. 3D02-1208, 3D02-1209.

Opinion filed February 26, 2003.

An appeal from the Circuit Court for Miami-Dade County, Sidney B. Shapiro, Judge. Lower Tribunal No. 02-1478.

Kutner, Rubinoff, Bush Lerner and Susan S. Lerner, Miami, for appellant.

Tahina Caridad Planas and Barbara Chung, for appellee.

Before GODERICH and GREEN, JJ. and NESBITT, Senior Judge.


Despite the appellant's arguments to the contrary, we conclude that there is substantial competent evidence in the record to support the trial court's finding that there was clear and convincing evidence showing the appellant totally incapacitated, and therefore directing a plenary guardianship. See Poteat v. Guardianship of Poteat, 771 So.2d 569, 571 (Fla. 4th DCA 2000) (stating that in guardianship cases: "[t]he function of the appellate court is to determine whether there is `substantial competent evidence to support the trial judge's finding of clear and convincing evidence.'" (citation omitted)). Accordingly, we affirm the orders under review.

Affirmed.


Summaries of

In Re: Luczka v. Bahamonde

District Court of Appeal of Florida, Third District
Feb 26, 2003
837 So. 2d 1163 (Fla. Dist. Ct. App. 2003)
Case details for

In Re: Luczka v. Bahamonde

Case Details

Full title:In Re: Guardianship of VALERIE LUCZKA, Appellant, v. JOSE A. BAHAMONDE, a…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 26, 2003

Citations

837 So. 2d 1163 (Fla. Dist. Ct. App. 2003)