Swain v. Eardley

The Swains petitioned the trial court to discharge the guardian and set aside the order adjudicating them incompetent. The record reveals that the county judge’s court never acquired jurisdiction over the persons of the Swains so the relief sought should have been granted.

The inquisition proceeding against an alleged incompetent is a proceeding in per-sonam which requires due notice and an opportunity to be heard. The prerequisites are set forth in Section 394.22, Florida Statutes, F.S.A., specifying that the alleged incompetent shall be given reasonable notice in writing of the time and…