MANDY G. LEIGH
v.
JENNIFER LEIGH, ET AL.
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A voluntary dismissal of a petition to determine incapacity is permitted under Florida guardianship and probate rules, and section 744.311 does not mandate an adjudicatory hearing.
[1] A voluntary dismissal of a petition to determine incapacity operates to terminate the trial court's jurisdiction and is not prohibited by Florida guardianship and probate…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[O]ur guardianship and probate rules do not prohibit a party from voluntarily dismissing a petition to determine incapacity, and section 744.311 does not mandate an adjudicatory hearing[.]”
The court cited Gort v. Gort to support the holding that voluntary dismissal of incapacity petitions is permissible.
Mandy G. Leigh appealed from a circuit court order in Palm Beach County concerning a guardianship matter involving Silvia Leigh.…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MANDY G. LEIGH, Appellant,
V.
JENNIFER LEIGH, GEORIN LEIGH, Guardianship of SILVIA LEIGH, and ROBERT LEIGH, Appellees.
No. 4D2025-3807
[October 28, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Charles E. Burton, Judge; L.T. Case No. 502025GA000574XXXASB.
Mandy G. Leigh, Larkspur, California, pro se.
Laura Bourne Burkhalter of Laura Bourne Burkhalter, PA, Fort Lauderdale, for appellee Silvia Leigh.
Nancy W. Gregoire Stamper of Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Debra J. Slater of Slater & Small, PLLC, Coral Springs, for appellee Robert Leigh.
PER CURIAM.
Affirmed. See Grommers v. Pla, 365 So. 3d 1188, 1189 (Fla. 3d DCA 2023) (“A voluntary dismissal operates, with the exception of certain limitations not applicable here, to terminate the trial court's jurisdiction over the matter.”); Gort v. Gort, 185 So. 3d 607, 612 (Fla. 4th DCA 2016) (“[O]ur guardianship and probate rules do not prohibit a party from voluntarily dismissing a petition to determine incapacity, and section 744.311 does not mandate an adjudicatory hearing[.]").
CIKLIN, LOTT, JJ., and CARBUCCIA, ALEXANDRA, Associate Judge, concur.
* * *
Not final until disposition of timely-filed motion for rehearing.