IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
PROBATE/ GUARDIANSHIP DIVISION
IN RE: GUARDIANSHIP OF
MONICA KRISTEN STUART, . Case No. 96-2339
a minor child
OBJECTION TO PETITION FOR ORDER AUTHORIZING
REIMBURSEMENT OF ATTORNEY'S FEES AND EXPENSES
Mark Stuart, natural parent of the Ward, by and through his undersigned counsel, and files this objection to the Petition for Order Authorizing Reimbursement of Attorney's Fees and Expenses, and states:
1. Mark Stuart is an interested person in the guardianship as the natural father of Monica Kristen Stuart
2. The Custodians of the Ward have filed a Petition for an Order Authorizing Reimbursement of Attorneys Fees and Expenses.
3. The bulk of the fees and expenses that the Custodians are seeking reimbursement for are the Fees and Expenses associated with a juvenile dependency proceeding the Custodians initiated against the natural father.
4. The action was not in the best interest of the child, but was sought on behalf of family members as a vendetta against Mr. Stuart, the Ward's natural father.
5.The juvenile dependency was vigorously contested by the natural father and the case is currently pending before the Second District Court of Appeals.
6.In the juvenile dependency proceedings, the Attorney for the Custodians represented to the Court that the Guardianship funds would not be touched to fund the dependency proceedings. Contrary to this representation in another Court proceeding, this same Attorney for the Custodians has now filed the aforementioned Petition seeking reimbursement of those fees and expenses from the Guardianship Court.
7. Given that the juvenile dependency is still on appeal, it is premature for this Court to determine that the juvenile dependency proceeding benefitted the Ward.
8.According to the Petition filed by the Custodian, The Attorney also seeks fees for work on a case filed against the Estate of Eugenia Stuart. To date, no estate has been opened for the Estate of Eugenia Stuart. From the time records, it appears that the court case was a mortgage foreclosure action. It is inappropriate for these fees to be paid for from the Ward's funds when fees on behalf of the Estate should be recovered from the Estate, not from the assets of the Ward.
9.The Court in the juvenile dependency proceeding ordered the Custodians to bear the fees and costs of the Guardian Ad Litem. However, they now Petition in the Guardianship Court for reimbursement of those fees and costs.
10. The expenses of the Psychologists set forth in the Petition were not for treatment. Rather the expenses were incurred for litigation purposes only and are not proper expenses to be paid out by the Guardian of the Ward.
ll. If the Court granted the Custodians' petition, it would significantly deplete this very young Ward's assets which would be contrary to the best interests of the Ward.
Wherefore, Mark Stuart, seeks this Court deny the Petition for an Order Authorizing Reimbursement of Attorney Fees and Expenses as excessive and not in the best interest of the Ward.
Steven P. Riley, Esq.
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
PROBATE/ GUARDIANSHIP DIVISION
IN RE: GUARDIANSHIP OF
MONICA KRISTEN STUART, . Case No. 96-2339 Division A.
a minor child.
MOTION TO DISQUALIFY ATTORNEY FOR GUARDIAN OF PROPERTY
Mark Stuart, natural parent of the Ward files this Motion to Disqualify the Attorney for the Guardian of the Property. As grounds, the Movant would state as follows: 1.The Movant is an Interested Party as the Natural father of Monica Kristen Stuart.
2.Patty Glickman Cox, is the Guardian of the Property and is represented by Attorney Cliff Curry.
3. Linda and Richard Phelps, the Custodians of the Ward, are also represented by Attorney Cliff Curry.
4.The Guardian of the property has a duty to preserve the assets of the Ward and act in the best interests of the Ward.
5. Attorney Cliff Curry has filed a Petition for Order Authorizing Reimbursement of Attorney's Fees and Expenses for $50,000.17. By filing such a Petition, Mr. Curry has a direct conflict in representing the Guardian of the Property and the Custodians of the Ward.
6.The aforementioned Petition brings to issue the reasonableness of $26,6988.91 dollars worth of Attorney Cliff Curry's fees and expenses in a juvenile dependency proceeding and whether such fees and expenses can legally be reimbursed from the Ward's funds.
7. The Counsel for the Attorney for the Guardian of the Property would not have the ability to provide independent counsel to the Guardian of the Property regarding the reasonableness of his own fees and expenses.
8.The aforementioned Petition puts counsel for the Guardian of the Property and Attorney for the Custodians in a conflict of interest.
Wherefore, Movant, seeks this Court disqualify Attorney Cliff Curry from Representing both the Guardian of the Property and the Custodians of the Ward because of the conflict of interest. In the alternative, Movant would ask this Court appoint a Court Monitor pursuant to Section 744.107, Florida Statutes to provide an independent view of the Petition for and Order to Reimbursement of Attorneys Fees and Expenses.
Steven P. Riley, Esq.
Law Offices of Steven P. Riley, P.A.
3333 Henderson Blvd., Suite 150
Tampa, Fl 33609-2984
(813) 877-43357
Florida Bar No. 0765856
Attorney for Petitioner
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT A COPY OF THE FOREGOING MOTION HAS BEEN MAILED ON THE DAY OF MARCH, 1998 TO THE FOLLOWING INDIVIDUAL:
CLIFF CURRY, ESQ.
ATTORNEY FOR GUARDIAN
P.O. BOX 1143
Brandon, Florida 33509-1143
Attorney for Guardian of Property and Attorney for Custodians
Steven P. Rilev. Esq.
Submitted by: Felix7851@aol.com