Judges: CHAPMAN, J.
Attorneys: Wm. E. Rivers, for American Surety Company, and H.S. Wilson,
for Dr. J.W. Turner, Petitioners;
George W. Burke, T. Frank Landrum and Fielding Duncan, for Respondents.
Filed: May 21, 1940
Latest Update: Mar. 02, 2020
Summary: This case comes to this Court on petition for a writ of certiorari. On October 19, 1939, the lower court made and entered an order overruling and denying motions of the defendants to dismiss an amended bill of complaint, and the said order, it is contended in this Court, is erroneous. The amended bill of complaint alleged that William E. Andrews was non compos mentis and on January 23, 1939, Dr. J.W. Turner was appointed guardian for the person and estate of the incompetent and gave bond in the
Summary: This case comes to this Court on petition for a writ of certiorari. On October 19, 1939, the lower court made and entered an order overruling and denying motions of the defendants to dismiss an amended bill of complaint, and the said order, it is contended in this Court, is erroneous. The amended bill of complaint alleged that William E. Andrews was non compos mentis and on January 23, 1939, Dr. J.W. Turner was appointed guardian for the person and estate of the incompetent and gave bond in the s..
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This is a collateral attack in the circuit court upon an order of the County Judge of Levy County on September 20, 1937, on final accounting of Dr. J.W. Turner, guardian, at which time the accounting was validated and confirmed; Dr. Turner absolved from any liability for the estate; the surety bond dissolved and the sureties exonerated of all liability thereunder.
On the authority of Lucy v. Deas, 59 Fla. 552, 52 So. 515, and Bemis v. Loftin, 127 Fla. 515, 173 So. 683, the judgment of the circuit court entered after denial of petitioner's motions to dismiss should be reversed.
