IN  THE  CIRCUIT COURT FOR  COLLIER COUNTY

FLORIDA                                                              PROBATE
DIVISION        

IN RE:  GUARDIANSHIP
OF  MARY JEAN ZISKA, 

File No.  06-116-GA                                        

                Division  Probate 

REPORT & RECOMMENDED ORDER OF THE MAGISTRATE 

Issues Presented: 

The Ward’s Petition To Discharge Temporary Guardian

 

________    Petitioner                  ________    Attorney For Petitioner

 

________   
Respondent/Ward                 ________    Attorney For Respondent/Ward

 

________    Court
Reporter                        ________    Public Guardian

 

________    Others                         ________    Clerk Of Court

FINDINGS OF FACT

          This cause
has come to be heard before the undersigned Magistrate on November 15, 2012 on
the Ward’s Petition To Discharge Temporary Guardian.  The Ward in this matter is MARY JEAN
ZISKA.  The Order of Referral to the
Magistrate was filed with the Collier County Clerk of Court November 13,
2012.  The Magistrate has jurisdiction
pursuant to Florida Probate Rule 5.095. 
This Court being otherwise advised, the following findings of fact are
made.

1.            This
matter was presented at a hearing before the Magistrate, DAVID FRIEDMAN, on
November 15, 2012.  The Ward was
represented at the hearing by Attorney Larry S. Pivacek, Esquire. 

2.            A
Petition To Appoint Temporary Guardian was previously filed in this
matter.  By Order of the Court, the
Office of Collier County Public Guardian was appointed to represent the Ward as
a temporary and limited guardian.

3.            The
Letters Of Temporary Guardian were signed by the Court on March 23, 2012 and
were filed with the Collier County Clerk of Court on March 26, 2012.

4.            More than
ninety (90) days have elapsed since the rendition of the Letters of Temporary
Guardianship.

5.            Pursuant
to Section 744.3031(3), Fla. Stat., the current Temporary Guardian should be
DISCHARGED and the Ward should be permitted a limited period of time to have a
new applicant complete the necessary application to become her replacement
Temporary Guardian.

6.            The
Attorney for the Ward has indicated that the Ward seeks to have Mr. Scott
Renshaw apply to become her new Temporary Guardian.

7.            The
Attorney for the Ward have submitted a copy of this Report & Recommended
Order of the Magistrate to the following attorneys herein-identified below on
the Service List and all attorneys have affirmed that they have no objection to
the Report & Recommended Order of the Magistrate and that they WAIVE the
right to file exceptions to same.  See
attached Exhibit A (consent E-Mail from Attorney Patrick Weber); Exhibit B
(consent E-Mail from Attorney Diane Simons); and Exhibit C (consent E-Mail from
Attorney Shayna Cavanaugh).   

(Remainder Of Page Intentionally Left Blank)

RECOMMENDED ORDER OF THE MAGISTGRATE

                Based
upon the above stated Finding Of Fact, the Magistrate makes the following
Recommended Order:

1.            It is the
Recommendation of the Magistrate that the Ward’s Petition To Discharge
Temporary Guardian in the form of the Office of Collier County Public Guardian
should be GRANTED.  

2.            It is the
Recommendation of the Magistrate that the Ward, MARY JEAN ZISKA, shall be
permitted ten (10) days from the date that this Recommended Order of the
Magistrate is adopted as an Order of the Court to obtain a new Temporary
Guardian and to have that Temporary Guardian replace the former Temporary
Guardian.  There is no objection to the
Ward’s request that Scott Renshaw be permitted to apply for and serve as
Temporary Guardian of the Ward should he comply with all necessary and legal
requirements for appointment as such.

3.            It is the
Recommendation of the Magistrate that this Report & Recommended Order of
the Magistrate be immediately adopted as an Order of the Court due to the
consent of opposing counsel and the waiver the right to take exceptions by
opposing counsel. 

Dated:  ______________________,
2012                                                                                                          By:                   ____________________________________

                                                                                                                                Honorable
David Friedman, Magistrate

                                                                                                                                Twentieth
Judicial Circuit

 

 

Service List For Conformed Copies (By Regular U.S. Mail
& E-Mail):

Shayna Cavanaugh, Esquire, 2500 Tamiami Trail North, Suite
218, Naples, Florida 34103

Diane M. Simons, Esquire, 850 Park Shore Drive, Third Floor,
Naples, Florida 34103

Patrick C. Weber, Esquire, 4670 Cardinal Way, Suite 301,
Naples, Florida 34112-6665

Larry S. Pivacek, Esquire, 2260 Royal Lane, Naples, Floriad
34112