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In re Guardianship of R.N.B

District Court of Appeal of Florida, Fourth District
Apr 13, 1983
429 So. 2d 796 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-663.

April 13, 1983.

Appeal from the Circuit Court, Broward County, William Clayton Johnson, J.

John B. Di Chiara of Di Giulian, Spellacy Di Chiara, and Paul V. DeBianchi of Paul V. DeBianchi, P.A., Fort Lauderdale, for appellants.

Jean Booher, Linda C. Chambliss, and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for appellees, Shipman, Elliott, and Bradstreet.


This is an appeal in a guardianship matter. It is basically a controversy among numerous surviving relatives over the appointment of a guardian for the infant son of two deceased parents. Pursuant to Section 744.312, Florida Statutes (1981), the trial court was required to give consideration to the appointment of the next of kin. The trial court heard extensive testimony from numerous family members, along with expert testimony, regarding the best interest of the child. The court appointed an aunt and uncle of the child, and the grandparents of the child appeal asserting that their rights to guardianship were absolutely and automatically superior to those of the aunt and uncle under Section 744.312, Florida Statutes (1981). The statute creates no such automatic right. Indeed, the statute provides that the court may appoint any person "who is qualified to act as guardian, whether related to the ward or not."

Having reviewed the record, we conclude that the trial court gave due consideration to the grandparents, to all other relatives, and to all of the testimony and other evidence submitted. There has been no demonstration of reversible error herein, and the judgment below is affirmed.

AFFIRMED.

ANSTEAD, BERANEK and HERSEY, JJ., concur.


Summaries of

In re Guardianship of R.N.B

District Court of Appeal of Florida, Fourth District
Apr 13, 1983
429 So. 2d 796 (Fla. Dist. Ct. App. 1983)
Case details for

In re Guardianship of R.N.B

Case Details

Full title:IN RE GUARDIANSHIP OF R.N.B., AN INFANT

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 13, 1983

Citations

429 So. 2d 796 (Fla. Dist. Ct. App. 1983)

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