Summary
The Florida Third District Court of Appeal affirmed an order terminating the guardianship of the property of Milton Wallace and discharging the guardians. The court held that, because the appellant provided no transcript of the hearing, it had to presume the trial court’s findings and ruling were correct under the deferential standard applicable to guardianship decisions.
Holdings
- The trial court's order must be affirmed because, without the hearing transcript, Hardy failed to overcome the presumption that the trial court's guardianship ruling was correct or demonstrate reversible error.
Questions Presented
- Whether the trial court improperly terminated the guardianship of Milton Wallace's property and discharged the guardians.
- Whether the appellate court could determine reversible error from Hardy Wallace's challenges without a transcript of the hearing.
Disposition
affirmed
Cases Cited (5)
- Waldon v. Waldon, 305 So. 3d 634, 637 (Fla. 3d DCA 2020)(followed)
- Patricia Ash v. In re: Guardianship of Aaron Ash, Ash v. Ash, 332 So. 3d 563, 567 (Fla. 3d DCA 2021)(followed)
- In re Guardianship of Walpole, 639 So. 2d 60, 61 (Fla. 4th DCA 1994)(followed)
- Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)(followed)
- White v. White, 717 So. 2d 89, 90 (Fla. 3d DCA 1998)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…