Fletcher v. Scorza

Because I am left with a definite and firm conviction that a mistake has been made, I must respectfully dissent.

My disagreement with the majority opinion stems mainly from its conclusion that the trial court’s findings were not clearly erroneous. I also disagree, however, with two recitations of law relied upon by the majority: 1) that the statutory preference in favor of apparent is but “one factor” to consider in guardianship cases; and 2) that “any inclination to appoint a parent ... [as guardian] must be subservient to the principle that the child’s best interest is of paramount…