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In re Guardianship of Zborowski

Court of Appeals of Ohio, Eighth District

August 1, 2013

IN RE: GUARDIANSHIP OF SARA ZBOROWSKI [Appeal by Lorraine Meyer]

Civil Appeal from the Cuyahoga County Court of Common Pleas Probate Court Division Case No. 2009 GDN 148945

ATTORNEY FOR APPELLANT Paul Mancino, Jr.

ATTORNEYS FOR APPELLEE Elizabeth A. Goodwin Bradric T. Bryan Goodwin & Bryan, L.L.P.

Blackmon, J., S. Gallagher, P.J., and McCormack, J.

PATRICIA ANN BLACKMON, J.

{¶ 1} Appellant Lorraine Meyer ("Meyer") appeals the probate court's decision removing her as personal guardian of ward Sara Zborowski ("Zborowski"). Meyer assigns the following errors for our review:

I. Appellant was denied due process of law and the court abused its discretion when it denied appellant's motion for continuance.
II. Appellant was denied due process of law when she was removed as guardian without notice nor an opportunity to be heard.
III. The court erred in appointing an attorney for the adverse party as guardian of the ward.

{¶ 2} Having reviewed the record and pertinent law, we affirm the probate court's decision. The apposite facts follow.

{¶ 3} On October 22, 2009, the probate court appointed Elizabeth Goodwin ("Goodwin") as the guardian of Zborowski. On January 22, 2010, the probate court appointed Zborowski's primary caregiver, Meyer, as successor guardian.

{¶ 4} On January 18, 2013, Zborowski's sister, Phyllis Hayes ("Hayes"), filed a motion to review and/or remove Meyer as guardian. In the motion, Hayes alleged that Zborowski's next of kin were being denied access and information regarding Zborowski's health, well being, and safety. Specifically, Hayes alleged that numerous inquiries regarding Zborowski's whereabouts and well being had gone answered.

{¶ 5} The probate court scheduled a hearing on the motion for February 4, 2013, and sent out notice to the parties. On January 29, 2013, Meyer filed a motion to continue on the grounds that she had a surgical procedure scheduled and would be incapacitated for several weeks thereafter. The probate court denied Meyer's motion to continue, the hearing went forward, but Meyer did not attend.

{¶ 6} Following the hearing, the probate court issued a judgment entry appointing Goodwin as interim personal guardian of Zborowski due to Meyer's incapacity. On February 11, 2013, Meyer filed a motion for a stay pending the ...


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