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McPHEETERS v. GUARDIANSHIP OF McPHEETERS

No. 5D12-3625.

118 So.3d 903 (2013)

Renee June McPHEETERS, Appellant, v. GUARDIANSHIP OF Rodger F. McPHEETERS, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 12, 2013.

Attorney(s) appearing for the Case

Jerome Rotenberg , of Carney & Associates, P.A., Crystal River, for Appellant.

William H. Phelan, Jr. , of Bond, Arnett, Phelan, Smith & Craggs, P.A., Ocala, for Appellee.

PER CURIAM.

Renee McPheeters appeals the trial court's order dismissing her petition to adjudicate her husband, Rodger, incompetent, and finding that it was filed in bad faith. We affirm in part and dismiss in part.

We affirm the order insofar as it dismissed the petition to determine incapacity and found bad faith on the part of Mrs. McPheeters. However, that portion of the court's order determining attorney's fees...

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