10-5867, 11-0306 & 11-0308 LAURA B. FAULKNER, v. JAMES MARCUS FAULKNER, TAMMY F. GIBBS, DONNA FAULKNER-RODRIGUEZ, and JOHN GLASSMAN

State: Florida

Court: Florida First District Court

Docket No: 10-5867,

Case Date: 07/22/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LAURA B. FAULKNER, Appellant, v. JAMES MARCUS FAULKNER, TAMMY F. GIBBS, DONNA FAULKNER-RODRIGUEZ, and JOHN GLASSMAN, Appellees. _____________________________/ Opinion filed July 22, 2011. An appeal from the Circuit Court for Escambia County. Linda L. Nobles, Judge. Robert O. Beasley of Litvak Beasley & Wilson, LLP, Pensacola, for Appellant. Lois B. Lepp and Karen Sunnenberg of Lois B. Lepp, P.A., Pensacola, Attorneys for James Marcus Faulkner, Tammy F. Gibbs, and Donna Faulkner-Rodriguez; John Glassman of John Glassman, P.A., Pensacola, Attorney for John Glassman, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-5867, 1D11-306, 1D11308

WETHERELL, J. These consolidated cases arise out of a guardianship and incapacity proceeding brought against Appellant by her children, Appellees James Marcus

Faulkner, Tammy F. Gibbs, and Donna Faulkner-Rodriguez (hereafter "the children"), under Part V of Chapter 744, Florida Statutes (2010). The trial court appointed an emergency temporary guardian for Appellant, but ultimately dismissed the petition to determine incapacity. The trial court found that the petition was filed in good faith and ordered Appellant to pay the examining committee fees, as well as the fees and costs of the emergency temporary guardian, Appellee John Glassman. Appellant timely appealed the orders to this court. We affirm without comment the trial court's findings that the petition was filed in good faith; that the examining committee fees were reasonable; that the fees and costs awarded to Mr. Glassman were reasonable; and that Mr. Glassman's fees and costs were properly assessed against Appellant. We write only to address Appellant's contention that the examining committee fees should not have been assessed against her because the petition for incapacity was dismissed. Section 744.3201 sets forth the requirements for a petition to determine incapacity. The statute allows, but does not require, a petition for appointment of a guardian or emergency temporary guardian to be filed with the petition to determine incapacity. See

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