Guardian Ad Litem

450 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lovett v. Lovett
  112 So. 768· Fla.· 1927-03-29 ·cited 369×
  In this partition case, the Florida Supreme Court addresses whether additional land can be brought before a court through a defendant's answer and counter-claim without making necessary parties (two minor co-defendants) parties to that counter-claim. The Court holds that the proc
• Schiavo v. Schiavo
  403 F.3d 1223· 11th Cir.· 2005-03-23 ·cited 266×
  The Eleventh Circuit affirmed the district court's denial of a temporary restraining order sought by Theresa Schiavo's parents to prevent removal of her feeding tube, holding that plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their federal
• In the Interest of D. B. and D. S.
  385 So. 2d 83· Fla.· 1980-05-16 ·cited 248×
  The Florida Supreme Court rejected a federal district court ruling requiring the state to provide counsel to all indigent participants in juvenile dependency proceedings. The Court held that a constitutional right to counsel exists only when proceedings may result in permanent lo
• Esig Perlow v. Berg-Perlow
  875 So. 2d 383· Fla.· 2004-03-25 ·cited 168×
  The Florida Supreme Court held that trial judges in marital dissolution cases may request proposed final judgments from parties, but must give all parties an opportunity to review and object to any proposed judgment before entering it. The Court quashed the Fourth District's affi
• Jaggers v. State
  536 So. 2d 321· Fla. 2d DCA· 1988-12-20 ·cited 122×
  Jaggers was convicted of three counts of sexual battery against children, but the Florida District Court of Appeal reversed all convictions, finding that the state failed to prove penetration (an essential element) for two counts, improperly admitted prior inconsistent statements
• Kingsley v. Kingsley
  623 So. 2d 780· Fla. 5th DCA· 1993-08-18 ·cited 110×
  In this groundbreaking parental rights case, an 11-year-old boy sought to terminate his natural mother's parental rights and be adopted by his foster parents. The court affirmed the termination of parental rights based on abandonment but reversed the adoption order due to jurisdi
• In re Amatex Corp.
  755 F.2d 1034· 3d Cir.· 1985-02-22 ·cited 96×
  Future asbestos claimants are entitled to representation in a manufacturer's bankruptcy reorganization to protect their interests, even if their symptoms have not yet manifested.
• IN the Interest OF D.J.S. and J.S.G. v. Dep't of Health & Rehabilitative Servs.
  563 So. 2d 655· Fla. 1st DCA· 1990-04-16 ·cited 95×
  This en banc case involves termination of parental rights for a noncustodial biological father who abused his partner's infant child and subsequently neglected his own son born to that partner. The court affirmed the trial court's termination order, establishing that a noncustodi
• Brecht v. Bur-Ne Co.
  91 Fla. 345· Fla.· 1926-02-26 ·cited 81×
  The Florida Supreme Court reversed a quiet title decree because the lower court improperly adjudicated rights of parties who were never properly made defendants in the suit. The decision establishes that equity courts must follow strict pleading requirements and ensure all necess
• Institutionalized Juveniles in Pennsylvania institutions for the mentally ill and the mentally retarded v. Secretary OF Public Welfare
  758 F.2d 897· 3d Cir.· 1985-03-26 ·cited 75×
  The court vacated the district court's fee award and remanded for further proceedings, finding that the district court's determination of prevailing party status and calculation of fees required reconsideration.
• Cronebaugh v. van Dyke
  415 So. 2d 738· Fla. 5th DCA· 1982-05-12 ·cited 66×
  A former wife sued her ex-husband for alleged arrearages in child support payments for periods after the children reached age 18. The court affirmed summary judgment for the father, holding that once a child reaches majority (age 18), the child—not the custodial parent—has standi
• Burch v. Apalachee Cmty. Mental Health Servs., Inc.
  840 F.2d 797· 11th Cir.· 1988-03-18 ·cited 63×
  The concurring judge agrees with the dissent's reasoning, implying disagreement with the majority's disposition.
• Hassey v. Williams
  127 Fla. 734· Fla.· 1937-04-19 ·cited 61×
  In this Florida Supreme Court case, the court reversed a lower court decision that voided a property deed executed by Bulah Williams, who had been adjudicated insane in 1918 but was discharged from a mental hospital as cured in 1919 and had lived normally for 15+ years before exe
• Quigley v. Cremin
  94 Fla. 104· Fla.· 1927-07-05 ·cited 59×
  Margaret Cremin sought to set aside a prior decree quieting title in C.H. Reeder to lands based on a tax deed, arguing the prior court lacked jurisdiction because she was insane and out of state when sued. The Florida Supreme Court held that the prior decree was valid because pro
• Smith v. State
  525 So. 2d 477· Fla. 1st DCA· 1988-05-20 ·cited 55×
  James R. Smith appeals his conviction and departure sentence for sexual offenses against a child following a nolo contendere plea. The court affirmed the trial court's reasons for departing from guideline sentences but reversed and remanded for a new sentencing hearing because th
• Pullen v. State
  802 So. 2d 1113· Fla.· 2001-09-13 ·cited 52×
  The Florida Supreme Court held that Anders procedures, which protect indigent appellants' right to effective appellate counsel, apply to appeals from involuntary civil commitment orders under Florida's Baker Act. The court rejected the First District's conclusion that Anders appl
• Kirton v. Fields
  997 So. 2d 349· Fla.· 2008-12-11 ·cited 51×
  The Florida Supreme Court held that parents cannot execute pre-injury releases on behalf of minor children for participation in commercial activities, as such releases are unenforceable as against public policy and violate the state's parens patriae duty to protect children's sub
• Hunter v. Hunter
  540 So. 2d 235· Fla. 3d DCA· 1989-03-28 ·cited 49×
  Stuart Hunter appeals from a modified judgment in a dissolution of marriage case involving custody, visitation, and child support of two minor children. The appellate court affirmed the trial court's denial of Hunter's request for primary physical custody and reduction in child s
• Simms v. State
  641 So. 2d 957· Fla. 3d DCA· 1994-09-07 ·cited 44×
  A Florida appellate court upheld the termination of a mother's parental rights, finding clear and convincing evidence of severe neglect. The court also rejected the mother's constitutional challenge that allowing a guardian ad litem to file a termination petition violated the sep
• Goodrich v. Thompson
  96 Fla. 327· Fla.· 1928-07-26 ·cited 43×
  The Florida Supreme Court upheld a 1916 mortgage foreclosure decree against a challenge filed in 1927, holding that the court had jurisdiction over the foreclosure proceedings despite the principal mortgagor's death before suit was filed and that constructive service of process o
• D.H. and L.H. v. Adept Cmty. Servs., Inc.
  217 So. 3d 1072· Fla. 2d DCA· 2017-04-05 ·cited 42×
  Twin minors sued through their grandparents for negligence against service providers, alleging inadequate care contributed to abuse and neglect by their developmentally disabled mother. The court affirmed summary judgment dismissing the claim as barred by Florida's four-year stat
• I.A. v. H.H.
  710 So. 2d 162· Fla. 2d DCA· 1998-04-22 ·cited 41×
  A biological father sought to establish paternity of a child born out of wedlock whose mother later married another man who raised the child from birth. The court reversed, holding that the biological father had no cause of action because the child's paternity was established by
• Kurzawa v. Mueller
  732 F.2d 1456· 6th Cir.· 1984-03-22 ·cited 41×
  The court affirmed the district court's dismissal of the § 1983 and state law claims, finding that the defendants were entitled to absolute immunity for their roles in the judicial process and that the claims were barred by applicable statutes of limitations.
• Dionisio v. Dacanay and Reynaldo C. Dacanay
  573 F.2d 1075· 9th Cir.· 1978-02-21 ·cited 40×
  A guardian ad litem may repudiate a settlement agreement on behalf of a minor prior to court approval, as such agreements are voidable until judicially sanctioned.
• Brown v. Ripley
  119 So. 2d 712· Fla. 1st DCA· 1960-04-07 ·cited 39×
  In a bastardy proceeding, the trial court failed to appoint a guardian ad litem for the minor defendant despite Florida law requiring affirmative judicial action to protect minors' interests. The appellate court vacated the judgment and remanded because the trial court never cons
• Roberts v. Ohio Cas. Ins. Co.
  256 F.2d 35· 5th Cir.· 1958-06-03 ·cited 38×
  The court held that the trial court erred by not considering the appointment of a guardian ad litem for minor children before entering judgment, and that the insurer did prosecute its suit diligently despite delayed service.
• Nguyen DA YEN v. Kissinger
  528 F.2d 1194· 9th Cir.· 1975-11-05 ·cited 36×
  The court held that the district court had jurisdiction under the habeas corpus statute and that plaintiffs' attorneys must have access to children's records to determine claims of illegal detention.
• Ingrid Croce v. Bromley Corp.
  623 F.2d 1084· 5th Cir.· 1980-08-14 ·cited 35×
  Mustang is liable for the actions of Roberts Airways based on estoppel, and the court reverses separate awards for mental anguish and loss of affection, remanding for a single award.
• Alva Ramey and Wanda L. Ramey v. Thomas
  382 So. 2d 78· Fla. 5th DCA· 1980-03-12 ·cited 35×
  The Florida appellate court reversed the trial court's adoption judgment and remanded the case because the paternal grandparents and their attorney failed to disclose material facts—including prior adoption proceedings, a negative family services report, and the maternal grandpar
• Hiram D. Ballard v. Kennedy
  34 Fla. 483· Fla.· 1894-06-01 ·cited 35×
  The Florida Supreme Court reversed a mortgage foreclosure decree, holding that the heirs at law of a deceased mortgagor who were made original defendants could appeal the foreclosure decree despite being dismissed from the suit, and that the trial court improperly struck their an
• Chapman v. Jorge Garcia, M.D.
  463 So. 2d 528· Fla. 3d DCA· 1985-02-12 ·cited 34×
  The court held that disqualifying plaintiffs' attorney and appointing a guardian ad litem was an improper departure from the essential requirements of law, as the attorney malpractice claim was premature and no adversity existed between the minor and parents.
• In re the Interest of M.P. v. Lake Cnty.
  453 So. 2d 85· Fla. 5th DCA· 1984-06-14 ·cited 34×
  The Florida Fifth District Court of Appeal affirmed an award of costs and attorney's fees to a court-appointed guardian ad litem in a juvenile dependency case, holding that the state agency responsible for child protection (HRS) must pay such fees under statutory authority, but r
• Delphia Neal v. Evans Clay Neal
  636 So. 2d 810· Fla. 1st DCA· 1994-05-03 ·cited 33×
  In a dissolution of marriage case, the Florida First District Court of Appeal reviewed a trial court's imposition of severe sanctions against the wife, including striking all her pleadings and dismissing her counterclaim with prejudice for alleged discovery non-compliance. The co
• Pittman v. United States
  341 F.2d 739· 9th Cir.· 1965-01-26 ·cited 33×
  A tort claim against the United States under the Federal Tort Claims Act accrues at the time of injury, not upon the appointment of a guardian ad litem or the claimant's reaching majority.
• Savage v. Rowell Distrib. Corp.
  95 So. 2d 415· Fla.· 1957-05-15 ·cited 33×
  A creditors' bill sought to set aside a deed conveying property to a minor defendant Robert N. Savage as fraudulent. The trial court entered a default decree against the minor without appointing a guardian ad litem. The Florida Supreme Court held that while failure to appoint a g
• Till v. Hartford Accident & Indem. Co.
  124 F.2d 405· 10th Cir.· 1941-12-17 ·cited 33×
  The court held that the trial court did not err in finding diversity jurisdiction and that the failure to appoint guardians ad litem for minors did not render the judgment void, as their interests were adequately represented by their next friends.
• C.M. v. Dep't of Child. & Fam. Servs.
  854 So. 2d 777· Fla. 4th DCA· 2003-09-03 ·cited 32×
  A mother appeals the termination of her parental rights to four children, challenging the trial court's failure to appoint a guardian ad litem. The Fourth District Court of Appeal affirms the termination, holding that while the court erred in failing to appoint a guardian ad lite
• French v. French
  452 So. 2d 647· Fla. 4th DCA· 1984-07-05 ·cited 32×
  In this dissolution of marriage appeal, the Fourth District Court of Appeal upheld most of the trial court's alimony and support awards but reversed the complete ban on visitation, holding that a parent cannot be deprived of visitation rights merely because of conduct deemed mora
• Seigler v. Bell
  148 So. 3d 473· Fla. 5th DCA· 2014-09-19 ·cited 31×
  Mother petitioned for certiorari and mandamus challenging the trial court's decision to grant Grandmother's motion for rehearing/reconsideration in a child custody proceeding. The appellate court dismissed the certiorari petition for lack of jurisdiction and denied the mandamus p
• Young v. Hector
  740 So. 2d 1153· Fla. 3d DCA· 1998-06-24 ·cited 31×
  In a dissolution of marriage case, the appellate court reversed the trial court's award of primary residential custody to the attorney-parent, finding that the trial court abused its discretion by not continuing the established caretaking roles and by improperly weighing the atto
• In re Est. OF Lizzie Monks v. THE Fla. Nat'l Bank OF Jacksonville
  155 Fla. 240· Fla.· 1944-11-28 ·cited 31×
  The Florida Supreme Court upheld the county judge's jurisdiction to determine the heirs and distributees of an intestate estate, rejecting the guardian ad litem's constitutional challenge that only circuit courts possessed such authority. The court held that Section 734.25 of the
• Magaziner v. Montemuro
  468 F.2d 782· 3d Cir.· 1972-09-29 ·cited 30×
  The court held that the federal court should abstain from hearing the case due to mootness and the need for state courts to resolve unsettled issues of state law, particularly concerning domestic relations.
• Charlana M. Blosser v. Blosser
  707 So. 2d 778· Fla. 2d DCA· 1998-01-09 ·cited 28×
  Mother appeals a trial court order modifying primary residential custody of the parties' child from Mother to Father. The appellate court reverses, holding that Father failed to meet the two-prong test required for custody modification: demonstrating both a substantial change in
• Hoffert v. Gen. Motors Corp.
  656 F.2d 161· 5th Cir.· 1981-09-14 ·cited 28×
  The district court had jurisdiction to limit the amount of attorney's fees from a settlement, and its reduction of the fee was within its discretionary power.
• Fong SIK Leung Ad Litem for Fong Gar Hong v. Dulles
  226 F.2d 74· 9th Cir.· 1955-07-28 ·cited 28×
• LY Shew ad litem of Ly Moon and Ly Sue Ning v. Dulles
  219 F.2d 413· 9th Cir.· 1954-12-30 ·cited 28×
  The court held that the division lacked jurisdiction to consider the appellant's suggestion for a rehearing en banc because the petition for rehearing was denied.
• De Korwin v. First Nat. Bank of Chicago
  156 F.2d 858· 7th Cir.· 1946-08-02 ·cited 28×
  The court held that the parties plaintiff sought to dismiss were not indispensable, and the plaintiff should have been granted leave to amend his complaint to cure jurisdictional defects.
• Williams v. Huff
  142 F.2d 91· D.C. Cir.· 1944-04-07 ·cited 28×
  The court held that a minor's competence to waive counsel is a question of fact that requires a determination based on age, education, and other pertinent facts.
• Gilbertson v. Boggs
  743 So. 2d 123· Fla. 4th DCA· 1999-09-22 ·cited 27×
  A putative father appealed a dismissal of his paternity action against a married woman, claiming fraud on the court when she allegedly promised to acknowledge his paternity if he dismissed his first appeal. The court held that while res judicata barred the paternity claim brought
• Travelers Indem. Co. v. Robert W. Bengtson ad Litem for the Minors Dorothy and Margery Bengtson (Dorothy Bengtson and Margery Bengtson
  231 F.2d 263· 5th Cir.· 1956-03-27 ·cited 27×
  The court held that a suit brought by minors through a guardian ad litem is permissible under the Federal Rules of Civil Procedure, even if state law would require a tutor.