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10. Petitioner has been advised, however, that attorneys
examining the title~to the real property more fully described
in Paragraph 6, supra, have questioned the validity of the
guardianship proceeding brought by the attorney employed by
petitioner, believing the Court lacked jurisdiction to issue
Letters of Guardianship in Probate Case No. 76-248 and thereafter .
lacked jurisdiction to authorize-sale of said real property,
all. by virtue of the following:
(a) The attorney for petitioner was not the proper
person to petition for issuance of Letters .of Guardianship
for non-resident wards where the Letters were to issue to
himself.. (See F.S. §744.308 and PGR 5.560.)
(b) No notice of the proceeding was given the wards or
to one or more members of the wards' family or relatives as
required.by F.S. §744.308.
(c) Bond was waived and never posted as required by
F.S. §744.309, which is a jurisdictional defect rendering void
the letters issued petitioner's Florida attorney as "Ancillary
-Guardian" and all court orders entered subsequent thereto.
(See 15 Fla Jur, Guardian and Ward, §29.5; and 30 Am Jur 2d,
! Guardian and Ward, X48).
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11. As previously alleged, petitioner has received on
. net_
behalf of its wards the proceeds of sale of the real property
described in Paragraph~6, supra, and wishes to take whatever
steps are. required to effect a valid conveyance of the legal
title to said real property to those entitled .thereto. To
that .end, petitioner has requested that Sun Bank of St. Lucie
County, a Florida banking corporation with trust powers, be
appointed guardian of the Florida property of the non-resident
~ wards, Nancy Jean Huber and Rita Marie Huber, for the sole
purpose of having re-confirmed the court orders heretofore
entered in Case No. 76-248 directing sale of said real property
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FEE, KOBLEGARD & TEEL. P. A. 1(~1 .fir
ATTORN[Yf AT LAW OD~K t„ % ~~C~ ; y
POST OFFIC[ SOX 1000 O y{J(~
FORT PIERC[, rLORIDA 33450
TRt?"O"p l~1 4415020
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