IN THE CIRCUIT COURT FOR FLORIDA

IN RE: ESTATE OF YVONNE BETZOLD

Deceased.

IN RE: GUARDIANSHIP OF YVONNE BETZOLD

Deceased.

MIAMI DADE COUNTY, PROBATE DIVISION

No. 14-4787 Division 05

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No. 14-4101 GO Division 05

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50\1-415 (c? ~ 'Z-O \7 -I 0 ~ \ 73 b

NOTICE OF APPEAL

Notice is hereby given that MACY COURTNEY BETZOLD WHEELOCK,

Personal Representative/ Appellant, by and through undersigned counsel, appeals to the

District Court of Appeal, Third District, the Order of this Court signed on January 17,

2017 and rendered on January 20, 2017. A copy of said order is attached hereto. The

nature of the order sought to be reviewed is a non final order vacating prior orders.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was emailed

this _11_ day of February, 2017 to WilliamS. Pollak, Esq., 19 W. Flagler St., Ste. 607,

Miami, FL 33130, Bonne Z. Scheflin, Esq., [info@scheflinlaw.com]; [e-

mailservice(Zi)estatelaw.com], Steven J. Glueck, Esq., [sjglueckpalaw@aol.com],

[sjg@ptsflorida.com], and Eugene M. Simon, Esq., [GSIMON3685@aol.com], and Rudy

Suarez, Esq., [rudy@suarezlawyers.com], Amaldo Velez, Esq., 35 Almeria Ave., Coral

Gables, FL 33134, Judith Loffredo, 9999 NE 2 Avenue, Suite 216 Miami Shores, FL

33138. David Carlisle, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 3700,

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' . Miami, Florida 33131, and Brian McHugh, 200 East Broward Blvd., Suite 1400, Fort

Lauderdale, FL 33301, Roy D. Wasson, Courthouse Plaza, Suite 600, 28 West Flagler

St., Miami, Fl, 33130, Rudy Suarez, Esq., [rudy@suarezlawyers.com] and Richard F.

Joyce, P.A., P.O. Box 430991, Miami, FL 33243 [attomey@rfjoyce.com].

2

PETER A. COHEN, P.A. FL Bar No.: 302521 19 West Flagler Street Suite 810 Miami, Florida 33130

::ohen~

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1120/2017 4:13PM FILED FOR RECORD

'' :"-'"'\ "·'Ifofi'

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND f'OR MIAMI-DADE COUNTY, FLORIDA

PROBATE DIVISION

IN RE: ESTATE OF ~· -; -;o . r: , C'ASENO.: 2014-4787 CP (05)

YVONNE T. BETZOLD,

Deceased.

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IN RE: GUARDIANSHIP OF CASE NO.: 2014-4101 GD (05) YVONNE BETZOLD,

Deceased Ward. · · ·

------------------~' ORDER GRANTING MOVANT'S MOTIONS FOR RECONSIDERATION AND ORDER

VACATING PRIOR ORDERS

THIS CAUSE, having come before the Court on December 27, 2016 on Movant's

Motion for Reconsideration based upon the · improper administration of Guardianship

Administratio~ Case No. 2014-4101 GD (05) and Probate Estate, Case No. 2014-4787 CP (05),

and this Court having reviewed Movant's Motions and the responses filed thereto, reviewed both

guardianship and probate proceedings, and being othetwise fully advised in the premises, tinds

as follows:

1. Florida Rule of Civil Procedure 1.540 allows for a Motion for Reconsideration (of

decrees or orders), directed to a non-final order where the trial court has inherent

authority to reconsider and alter or retract orders prior to the entry of a final judgment

and is limited to specific errors, including clerical mistakes, excusable neglect, fraud,

misrepresentation, or other misconduct of an adverse party, newly discovered

evidence, a judgment or decree is void, or that the judgment of decree has been

satisfied, released, or discharged.

2. Movant appears to be alleging misrepresentation or other misconduct of an adverse rj

11. party.

''·it Paget of 5 ·:·.: ~~

3. Under :the Flo1nda Probate Code, guardianships that terminate by the death of the

~ard may continue to be administered until the remaining assets are distMbuted to the

~rsori~l repr~~~ntat~ve or beneficiaries of the ward's estate. However, if the guardian

91~s, his or ~.~~administration of the guardianship estate ends, and a successor will be

apwint,ed if there is a need for the guardianship to continue. David C. Brennan &

Sancha Brennan Whynot, Fla. Guardianship Law & Proc. § 14:1 Florida

Guardianship Law and Procedure. Chapter 14. Tennination of Guardianship, § 14:1.

Reasons for Termination of Guardianship (2d ed. 2016).

4. The Court has not appointed a successor guardian since the death of Mrs. Hertz

(Guardian), in Case No. 2014-4101 GD (05), in order to properly terminate pending

gu,a~dianship affairs.

5. Judith. J. Loffredo, Esq., who served as counsel for the Guardian appears to have

entefed and filed certain documents despite not being authorized to act on behalf of

the Guiu-dian after her death. · ;;

6. f\1ovant alleges that the Ward/Decedent's Personal Representative and her counsel

knew or should have known that there was not a successor Plenary Guardian

appointed and that Judith J. Loffredo, Esq. had no authority to act in any guardianship

proceedings.

7. This Court is also concerned with the transfer of Ward/Decedent's assets without

proper court approval as required by section 744.447 of the Florida Statutes, as

evidenced in the Guardianship proceeding of a HRECEIPT" on July 29, 2016. That n·~n; ·

"RECEIPT" provides an acknowledgment, where Rodolfo Suarez, curator of the

estate of Ward/Decedent, received from Guardian some property, including real

property. The "Receipt", only signed by Suarez, was executed one day: before

Guardian's death. Just on May 26, 2016. this Court had authoriz.ed Jhe saJe of the

Ward/Decedent's real property (the record shows that this was done one month prior

to Suarez's receipt of the property from the Guardian). Proceeds of the sale were

deposited in a restricted account for the Estate held at Coconut Creek Bank.

Page 2 of5

8. This Court sHall appoint an Attorney ad Litem for a complete review of the

guardianship case and the alleged improper administration of same. '-i

9. This Court GRANTS Movant's Motion. and orders the immediate return of the

proceeds of the real estate sale and. any and all proceeds, assets, etc., (which

originated in the Guardianship case - Case No. 2014-4101 GD (05)) back to the

Guardianship case, as well as any and all other guardianship assets which the Estate

has allegedly improperly acquired.

a. Under Florida Law, when a guardianship is due to be terminated, guardianship

rules . and applicable statutes provide that matters of guardianship

administration fees and expenses are to be satisfied from the assets of the

guardianship before the remaining assets are distributed to persons entitled to

them, to the ward, if incapacity is removed or to the personal representative of

the ward's probate estate where the ward has died. Midland Nat'/ Bank &

Trust v. Comerica · Trust Co. of Fla., NA., 616 So. 2d 1081,

1084 (Fla. 4th DCA 1993).

b. Guardianship assets have not been used to satisfy the guardianship

administration fees and expenses; therefore, the following order is vacated in

efforts to properly dispose of the Guardianship proceeding as out,ljned by law.

1. Order Granting Petition to Transfer Guardianship Accounts to

Restricted Depository of Estate filed November 28, 2016 .. :..: .

10. It is further ORDERED that these previously recorded orders, entered on December

14, 2016, be vacated:

a. Order Authorizing Payment of Fees and Expenses of Curator, dated December

14, 2016 and entered in Case No. 2014-1401, (Curator's expenses should be

paid out of the Ward/Decedent's Estate). Florida law allows compensation:to

curators for services rendered while administering a decedent's estate. See §

733.501(3), Fla. Stat. (2016). The court in allowing reasonable compensation

for curator services may consider provisions of section 733.617 of the Florida

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Page 3 ofS

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Statutes. Section 733.617, Florida Statutes (2016) provides fo~"compensation

to a personal representative for ordinary services, compen~ation for those

services rendered is to be paid out of estate asselo;;

b. Order to Vacate Order Authorizing Payment of Attorney's Fee and Expenses,

dated December 14,2016 and entered in Case No. 2014-4101; i

c. Agreed Order Granting Petition to Withdraw Funds to Pay Claim of Judith

Loffredo, Esq., dated December 14,2016 and entered in Case No. 2014-4787;

d. Order Granting Petition to Strike Creditor's Claims [Lcvin'Home1Care Nurse

Registry], dated December 14, 2016 and entered in Case No. 201~·.:4787; and

e. ·Order Granting Amended Petition to Withdraw Funds to Pay Cl~ of Nelson

· · & Nelson, PA., dated December 14,2016 and entered in Case No. 2014-4787.

ORDERED and ADJUDGED that Movant's Motions for Reconsideration ts '• ' ~·' ' ...

GRANTED.

DONE and ORDERED in Miami, Miami-Dade County, Florid \..

--n::.------"'--' 2017.

Copies furnished to:

Peter A. Cohen, Esq. pcohenlr~bellsouth.net

Attorney for Personal Representative

Judith J. Loffredo, Esq. attyloffra~ao1.com Attorney for Deceased Guardian

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MARIA E PINOSA DE~'NIS CIRCUIT COURT JUDGE

MARIA ESPINOSA DENNIS CIRCUIT COURT JUDCJE .

Page 4 of5

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William Pollak, Esq. y.rspoll~cwsp-law.com

Rodolfo Suarez., Esq. (Curator) rudy@,suarezlav,.:yers_som

Eugene Simon, Esq. gsimon3685(ii{aol.com

Steven Glueck, Esq. sjglueckpalaw@aol.com

Brian McHugh, Esq. sandy.morgan@gmlaw.com

David Carlisle, Esq. davidprobatelavvvers(a~gmail.com

:···

Page 5 of5

' .. 12/16/2016 12:14 PM FILED FOR RECORD

IN THE CIRCUIT COURT FOR MIAMI DWIL_ COUNTY, FLORIDA PROBATE DMSION

INRE: ESTATE OF YVONNE BETZOLD No.__lj_- 41§1_

Division ~0"-=5'--Deceased.

/)~IJj:tf) ORDER GRANTING PETITION TO WiifrliRA w FUNDS TO PAY CLAIM OF II_( ~A-

JUDITH J. LOFFREDO ESQ. v_;y-

TIHS CAUSE having come on to be heard on December ffi016 on the I .

Petition to Withdraw Funds to Pay Claim of Judith J. Loffiedo, Esq .• and the Court

having heard argument of counsel, and having been otherwise duly advised in the

premises, it is

ORDERED AND ADJUDGED as foUows:

1. Said Petition be, and the same is hereby, granted.

2. The Restricted Depository shall issue a check ftom the funds on deposit to

Judith J. Loffredo, Esq. in the amount of$7,500.00. .

DONE A..T\ffi ORDERED in Miami-Dade County, Florida this /tf day of

December, 2016.

Copies furnished: Counsel of record

Ai{k_~ CIRCUIT COURT .. !

AIUA ESPlNOSAl:JENNlS . , MCIRCillT COURT JUDGE ,: ,

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.. .12116/201612:14 PM FILED FOR RECORD

lN TilE CIRCUIT COURT FOR FWRIDA

1N'R2~-ESTATE OF ·,~, ·'" .

YVONNE BETZOLD

Deceased.

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MIAMI DADE COUNTY, PROBATE DIVISION

No . .J 4- 4787 Division 05 :I:·

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ORDER ON PE'ITI10N TO Sl'RlKE CRED~ CLAlM '

TIIISCAUSE having come on to be heard on , J.$ 2016 on the

Petitioner's Petition to Strike Creditor•s Claim, and the Court having reviewed the Court

file, and having been otherwise duly advised in the premises, it is

ORDERED and ADJUDGED that said Petition be, and the same is hereby granted.

Statement of Claim tiled by JJrllN HOME CARE N1JRSB REGISTRY on or

about Jmruary28, 2Ql5 is hereby stricken.

DO~"E AND ORDERED in Miaml·Dade Olunty, Rorida on this/ Y day of

if!G:' 2016.

Copies furnished: Peter A. Cobeo, Esq.

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MARIA ESP.INOSA DENNIS CIRCUIT COURT JUDGE

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'. 12/16/2016 12:14 PM FILED FOR RECORD

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IN TIIE CIRCUIT COURT FOR MIAMI DADE COUNTY, FLORIDA : . PROBATE DMSION

INRE: ESTATEOF · YVONNE BETZOLD No. 14- 4~7-

Division OS ....::.=--Deceased.

ORDER GRANTING AMENDED PETITION TO WITHDRAW FUNDS TO PAY CLAIM OF NELSON & NELSON

THIS CAUSE having come on to be heard on December J..~ 2016 on the

Amended Petition to Withdraw Funds to Pay Claim of Nelson & Nelson,' and the Court

having heard argument of counsel, and having been otherwise duly advised in the

premises, it is

ORDERED AND ADJUDGED as follows:

L Said Petition be, and the same is hereby, granted.

2. The Restricted Depository shall issue a check from the funds on deposit to the I

order of Nelson & Nelson in the amount of$11,151.00.

DONE AND ORDERED in Miami-Dade County, Florida tbls L!j_ day of

u /1,, ; CIRciJrr CO~ ESPINOSA DENNIS

CIRCUIT COURT J'UDGE

December, 2016.

Copies furnished: Counsel of record

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12/1612016 12:14 PM FILED FOR RECORD

IN THE CIRCUIT COURT FOR MIAMI-DADE COl.Jt..'TY, FLORIDA PROBATE DMSION

IN RE: GUARDIANSHIP O.F YVONNE BETZOLD

CASE NO. 14-4101-CP DIVISION OS

--------------------~/ ORDER TQ VACATE OBPE.R 1\UTHORTZJNG PAXMENT OF ATIQJNJY'S

fEES AND MfENSES I

'i > i i THIS CAUSE having oome on to be heard on the Personal Representative's

Petition to Vacate Order Authorizing Payment of Attorney's Fees and Expenses. and the

Court having examined the said Petition and having been otherwise duly advised in the

premises, it is

ORDERED M'D ADJUDGED as follows:

1. Said Petition be, and the same is hereby, gnmted.

2. That certain Order Authorizing Payment of Attorney's Fees and Expenses

dated June 2, 2015 awarding fees and expenses in the a:mountof$11,151 to Nelson &

Nelson is hereby vacated, set aside, and held for naught .

DONE AND ORDERED in cluunbers, Miami-Dade Connly, Florida this 1!/My of oec. 2016.

Copies .furnished: Peter A. Cohen, Esq.

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MARlA ESPINOSA Da..'NlS CIRCUIT COURT iUDGE

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• J 12116/2016 12:15 PM FILED FOR RECORD

IN THE ClRCtnT COURT FOR MIAMI DADE ..... _ COUNfY, FLORIDA PROBATE DMSION

,,j,, ~ . . ' •· '·

lN RE: GUARDIANSHIP OF YVONNE BET~OLD No. __ !4- 4101 GD

Division 05

i i!

~--Deceased.

ORDER AUTHORIZING PAYMENT OF FEES AND EXPENSES OF CURATOR

On the petitioner ofRODOLFO SUAREZ, JR., ESQ., for an order authorizing payment

of curator's fee for services rendered and expenses incurred for the benefit of the Estate of

Yvonne T. Betzold, the court having examined the fi1e in this proceeding and having considered

the evidence presented, and finding that the material allegations of the petition are true,-and

being otherwise fully advised, it is

ORDERED AND ADJUDGED as follows: ..

1. The attorney's hourly rate and the number of hours expended, as set forth in the

petition, are reasonable and the sum of $3,857.00 is a reasonable fee for the services of

RODOLFO SUAREZ, JR., ESQ. for the period trom August 24,2016 through October 10, 2016.

2. The attorney is entitled to reimbursement for expenses in the amount of$93.71.

3. COCONUT GROVE BANK is authorized and directed to issue a check from account

number ending in- payable to SUAREZ LAW for a total of$3,950.71; '

4. COCONUT GROVE BANK is authorized and directed to deliver said c~~to ~-I • t ',

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SUAREZ LAW for payment and SUAREZ LAW shall not be held responsible to see to the

application of these funds.

DONE AND ORDERED is chambers Miami~ Dade County, Florida this/~ay of

December, 2016.

Copies furnished: Peter A Cohen, Esq.

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MARlA ESPINOSA Df.NN1S CIRCUIT COURT JUDGE

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