TRACY PHILLIPS v. LANETTE BEMBRY, as Plenary Guardian of the Person and Property of J. B. B., an Incapacitated Person and TROY BUZZO
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 10, 2026
Docket6D2026-0203
StatusPublished
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Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 6D2026-0203
Lower Tribunal No. 2024-CP-003094
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IN RE: Guardianship of J.B.B., an incapacitated person.
TRACY PHILLIPS,
Appellant,
v.
LANETTE BEMBRY, as plenary guardian of J.B.B., an incapacitated person, and
TROY BUZZO,
Appellees.
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Appeal from the Circuit Court for Polk County.
Susan L. Barber, Judge.
September 10, 2026
PER CURIAM.
We affirm the trial court’s determination that Tracy Phillips (“Phillips”), the
daughter of J.B.B., was not an interested person for the purposes of the attorney fee
hearing. Hayes v. Guardianship of Thompson, 952 So. 2d 498, 509 (Fla. 2006)
(explaining that “[t]here must be a balance between ensuring that petitions for
attorney’s fees are carefully scrutinized and ensuring that these petitions are not
subject to endless challenges by those whose only interest is to maximize their
potential inheritance.”); Hernandez v. Hernandez, 230 So. 3d 119, 123 (Fla. 3d DCA
2017) (explaining that by itself, being next of kin does not confer interested person
status, but rather an interested person is “any person who may reasonably be
expected to be affected by the outcome of the particular proceeding involved.”
(quoting § 731.201(23), Fla. Stat. (2016))). As to all other issues raised with the
attorney fee award, we dismiss for lack of standing.
AFFIRMED in part; DISMISSED in part.
TRAVER, C.J., and NARDELLA and MIZE, JJ., concur.
Tracy Phillips, Oro Valley, Arizona, pro se.
Keith D. Miller, of Boswell & Dunlap, LLP, Bartow, for Appellee, Troy Buzzo.
No Appearance for Appellee, Lanette Bembry, as plenary guardian of J.B.B., an
incapacitated person.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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