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IN THE CIRCUIT FLORIDA PROBATE |
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IN RE: GUARDIANSHIP OF |
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MARY JEAN ZISKA,
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File No. 06-116-GA |
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Division Probate |
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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