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Hull v. Byrom

Florida Court of Appeal, First District

December 15, 2011

Patricia W. HULL, as legal guardian of Lola Brown Wheeler, Appellant,
v.
Jennifer BYROM, Individually and as the Former Voluntary Guardian of Lola Brown Wheeler, Jennifer Byrom, P.A., a Florida corporation; Fidelity and Deposit Company of Maryland, Appellees.

An appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge.

Lois B. Lepp and Karen Sunnenberg of Lois B. Lepp, P.A., Pensacola, for Appellant.

Kenneth B. Bell and Robert J. Powell of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellees.

PER CURIAM.

We affirm the dismissal of Byrom, P.A. as a party to the underlying surcharge action. However, we decline to reach the

Page 428

issue of whether the trial court erred in striking portions of the surcharge petition as that issue was prematurely raised and is properly considered at the conclusion of all judicial labor. See Cole v. Bayley Prods., Inc., 661 So.2d 1299, 1300 (Fla. 4th DCA 1995) (determining that an interlocutory order on motion to strike is not reviewable prior to final judgment).

AFFIRMED in part, DISMISSED in part.

WOLF, HAWKES, and ROBERTS, JJ., ...


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