Guardian Ad Litem

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

• In re Guardianship OF Theresa Marie Schiavo v. Schiavo
  780 So. 2d 176· Fla. 2d DCA· 2001-01-24 ·cited 26×
  The Florida District Court of Appeal affirmed a trial court's order authorizing the discontinuance of artificial life support for Theresa Marie Schiavo, a 27-year-old woman in a persistent vegetative state for ten years following cardiac arrest. The court held that clear and conv
• Eugene duPONT, III v. S. Nat'l Bank OF Houston
  771 F.2d 874· 5th Cir.· 1985-09-23 ·cited 26×
  The court held that the district court erred in invalidating property transfers without allowing the appellants to present their evidence, and that attorney ad litem fees should be taxed to the Trust. The court affirmed the validity of the Trust and other rulings.
• In re the Interest of M.P. v. Lake Cnty.
  472 So. 2d 732· Fla.· 1985-07-03 ·cited 26×
  The court denied review because the issue in the current case was clearly distinguishable from the issues decided in a prior conflicting case.
• Rogers v. Bates
  431 F.2d 16· 8th Cir.· 1970-08-17 ·cited 26×
  The appointment of a conservator for a living person solely to manufacture federal diversity jurisdiction is improper under 28 U.S.C. § 1359, and the citizenship of the conservator is disregarded in such cases.
• S.A.P. v. State
  704 So. 2d 583· Fla. 1st DCA· 1997-09-03 ·cited 25×
  S.A.P., a former foster child, appealed the dismissal of her negligence action against the Florida Department of Health and Rehabilitative Services based on the statute of limitations. The court reversed, holding that the complaint's allegations of fraudulent concealment and lack
• Jesse J. Avila ad Litem of Daniel Cardona v. Immigr. & Naturalization Serv.
  731 F.2d 616· 9th Cir.· 1984-04-19 ·cited 25×
  The court held that an administrative claim filed by a father for his mentally impaired adult son, even without formal authorization, meets jurisdictional requirements if it describes the injury and states a sum certain, and that the father's subsequent claim for his own expenses
• Matthies v. Seymour Mfg. Co.
  270 F.2d 365· 2d Cir.· 1959-09-09 ·cited 25×
  The dissenting judge would hold that a beneficiary of trusts holding corporate stock has standing to bring a shareholder derivative action, even if the trustees have not sued.
• Maugeri v. Plourde
  396 So. 2d 1215· Fla. 3d DCA· 1981-04-21 ·cited 24×
  A circuit court judge, regardless of division, has the authority to approve a settlement in a wrongful death action affecting a minor, provided the action is pending in that court.
• Developmental Disabilities Advocacy Ctr., Inc. v. Melton
  689 F.2d 281· 1st Cir.· 1982-09-22 ·cited 23×
  The court held that Freda Smith lacked standing to sue as next friend for LSS residents, but the Developmental Disabilities Advocacy Center (DDAC) did have standing to assert its First Amendment organizational rights regarding communication with residents. The case is remanded fo
• Berkowitz v. Philadelphia Chewing Gum Corp.
  303 F.2d 585· 3d Cir.· 1962-05-31 ·cited 23×
  The court held that the lower court erred by dismissing the case on the merits without first determining the crucial issue of diversity jurisdiction.
• Buck v. McNAB
  139 So. 2d 734· Fla. 2d DCA· 1962-03-21 ·cited 23×
  Walter Buck purchased two vacant lots from William H. McNab, Sr. under a written contract in 1955, but McNab died before closing. The executor, McNab Jr., initially cooperated but later refused to convey the property, claiming the lots actually belonged to McNab Sr.'s minor grand
• Esposito v. Emery
  402 F.2d 878· 3d Cir.· 1968-10-02 ·cited 22×
  Artificially manufactured diversity jurisdiction, created solely by appointing a nonresident guardian for a minor, is insufficient to establish federal jurisdiction.
• Nolan v. Transocean AIR Lines
  290 F.2d 904· 2d Cir.· 1961-05-29 ·cited 22×
  The court held that it could not definitively determine California law regarding the tolling of the statute of limitations in a wrongful death action when one potential claimant is a minor, due to conflicting California authorities.
• Peregood v. Cosmides
  663 So. 2d 665· Fla. 5th DCA· 1995-10-27 ·cited 21×
  Michael Peregood, a minor, challenged his adoption by his natural mother on grounds that it was a sham designed to circumvent child support obligations. The trial court dismissed his declaratory action, but the appellate court reversed, holding that a minor can have standing to c
• Johns v. Dep't OF Just. OF the United States
  653 F.2d 884· 5th Cir.· 1981-08-04 ·cited 21×
• Sample v. Ward
  156 Fla. 210· Fla.· 1945-07-24 ·cited 21×
  John W. Sample and other heirs sought to overturn a prior declaratory judgment that awarded fee simple title to Dora S. Sample (the testator's widow) rather than a life estate with remainder to the heirs. The Florida Supreme Court affirmed the binding effect of the prior decree,
• Matthews v. Wilkerson
  132 Fla. 753· Fla.· 1938-06-14 ·cited 21×
  The Florida Supreme Court affirmed a decree ordering partition and sale of an estate where the administrator J.C. Matthews failed to answer a bill of complaint seeking an accounting and partition of the decedent's property, resulting in entry of a decree pro confesso against him.
• Polk v. Chase Nat'l Co.
  120 Fla. 243· Fla.· 1935-07-03 ·cited 21×
  This case concerns an appeal from an order denying a motion to vacate a final decree and order confirming a sale in a tax foreclosure suit. The appellate court affirmed the lower court's decision, holding that the motion to vacate was insufficient and the original decree and conf
• Schaeffler v. Yuliya Deych and Boris Bezrodnyy
  38 So. 3d 796· Fla. 4th DCA· 2010-06-09 ·cited 20×
  The Fourth District Court of Appeal reversed a negligence judgment against a deceased defendant's estate because the trial court failed to abate proceedings and properly substitute the estate as a party after the defendant's death, violating Florida Rule of Civil Procedure 1.260(
• Fredrick v. State
  523 So. 2d 1164· Fla. 5th DCA· 1988-03-03 ·cited 20×
  Shirley Fredrick appeals the termination of her parental rights to her child K.F. and the child's commitment for adoption. The court affirmed, finding overwhelming evidence that the child should be permanently committed due to Fredrick's chronic neglect, failure to comply with co
• Merchs. Nat'l Bank & Tr. Co. OF Indianapolis v. United States & Gary Campbell
  246 F.2d 410· 7th Cir.· 1957-06-20 ·cited 20×
  The court held that a state probate court decree, obtained through a non-adversary proceeding where the United States was not a party, is not binding on the IRS regarding federal estate tax liability.
• Dooling v. Winfred Overholser
  243 F.2d 825· D.C. Cir.· 1957-02-28 ·cited 20×
  A commitment decree is fatally defective if the alleged insane person was not represented by counsel or a guardian ad litem at commission or court hearings.
• Westcott v. United States Fid. & Guar. Co.
  158 F.2d 20· 4th Cir.· 1946-11-11 ·cited 20×
  The court held that the trial court did not err in refusing to appoint a guardian ad litem for the infant defendant, and that the death of Annie Montague was excluded from policy coverage because she was an employee of the insured engaged in her employment at the time of the acci
• In re Guardianship OF J.D.S. Jennifer Wixtrom v. Dep't of Child. & Families
  864 So. 2d 534· Fla. 5th DCA· 2004-01-09 ·cited 19×
  Jennifer Wixtrom sought appointment as guardian of the fetus of J.D.S., a severely incapacitated woman pregnant from sexual battery, arguing that such guardianship was necessary to protect fetal interests from potential conflicts with the mother's guardian. The Florida appellate
• State v. Farr
  558 So. 2d 437· Fla. 4th DCA· 1990-02-14 ·cited 19×
  Florida's Fourth District Court of Appeal prohibited a second compelled gynecological examination of an 8-year-old sexual abuse victim. The court held that absent extreme and compelling circumstances that would result in manifest injustice, defendants cannot compel re-examination
• Jacobs v. The Bd. OF Sch. Comm'rs
  490 F.2d 601· 7th Cir.· 1973-12-14 ·cited 19×
  The court held that a rule was invalid for vagueness and overbreadth, and that certain language in a publication was not obscene as to minors in a high school context.
• In re Est. of Harry Comstock
  143 Fla. 500· Fla.· 1940-06-18 ·cited 19×
  The Florida Supreme Court held that a mortgagee's failure to file a claim against a decedent's estate within the statutory eight-month period bars enforcement of the mortgage debt against the estate's assets, even when the mortgaged property is a homestead and the decedent's will
• M. S. v. Wermers
  557 F.2d 170· 8th Cir.· 1977-06-29 ·cited 18×
  The court held that dismissing a minor's action for refusing to notify her parents of guardianship proceedings was an abuse of discretion, as the parents' interests were adverse to the minor's privacy claim.
• Donnelly v. Honorable Barrington D. Parker
  486 F.2d 402· D.C. Cir.· 1973-08-21 ·cited 18×
  The court held that the district judge properly exercised discretion in denying a request for a physical and mental examination of the plaintiff, as the petitioner's claim lacked substance.
• The State OF Cal. v. Frito-Lay, Inc.
  474 F.2d 774· 9th Cir.· 1973-02-07 ·cited 18×
  A state cannot sue as parens patriae to recover treble damages under the Clayton Act on behalf of its citizens for injuries to their business or property, as this authority is not recognized in common law and lacks necessary safeguards.
• Folsom v. McDONALD
  237 F.2d 380· 4th Cir.· 1956-10-10 ·cited 18×
  A district court has the authority to award attorneys' fees from a recovery obtained for an infant plaintiff in a Social Security benefits case.
• James v. James
  64 So. 2d 534· Fla.· 1953-04-14 ·cited 18×
  The Florida Supreme Court affirmed a chancellor's order modifying a divorce decree to clarify and effectuate the father's visitation rights with his minor child and to adjust child support obligations. The court rejected the father's argument that the chancellor lacked jurisdicti
• Cone v. Lottie K. Benjamin
  150 Fla. 419· Fla.· 1942-04-17 ·cited 18×
  Heirs of Ada Cone Stewart sought to recover property they claimed passed to them but was instead distributed to Harrison J. Stewart's heirs under an earlier probate decree. The Florida Supreme Court affirmed dismissal of their claims against the executors and sureties, holding th
• Miles Price v. Winter
  15 Fla. 66· Fla.· 1875-01-01 ·cited 18×
  In this case, Samuel Winter sought to set aside a judicial sale of his deceased father's estate conducted in 1858 when Winter was an infant living out of state. The Florida Supreme Court upheld the sale, holding that the court had jurisdiction despite Winter's non-residence and i
• In re Amendments to Fla. Fam. Law Rules of Procedure
  214 So. 3d 400· Fla.· 2017-03-16 ·cited 17×
  The Court adopted a standalone set of Florida Family Law Rules of Procedure to govern all family law matters, replacing the prior system of incorporating the Florida Rules of Civil Procedure by reference. The Court declined to adopt proposed amendments to Rule 12.110 regarding ve
• Hernandez v. United Contractors Corp.
  766 So. 2d 1249· Fla. 3d DCA· 2000-09-27 ·cited 17×
  Maria Minerva Hernandez appeals a summary judgment granting tort immunity to United Contractors Corp. as the statutory employer of her deceased common-law husband. The court reverses, holding that neither Hernandez nor the minor children effectively elected the workers' compensat
• Clayman v. Clayman
  536 So. 2d 358· Fla. 3d DCA· 1988-12-27 ·cited 17×
  The trial court abused its discretion by denying the mother's motion for a continuance, thereby denying her due process to review and rebut custody reports.
• Berger v. Berger
  466 So. 2d 1149· Fla. 4th DCA· 1985-03-27 ·cited 17×
  A property settlement agreement procured by a threat to report the other party's commission of a crime for pecuniary advantage is invalid due to coercion and duress.
• Baker v. Baker
  403 So. 2d 1111· Fla. 2d DCA· 1981-09-18 ·cited 17×
  William Baker appeals the dissolution of his marriage to Becky Baker, challenging the trial court's award of the marital home to his wife. The appellate court affirms the dissolution and custody award but reverses the award of the home, holding that the trial court erred in deter
• In re the Adoption of Infant Female Child of Charlotte Brock
  157 Fla. 291· Fla.· 1946-04-12 ·cited 17×
  A minor mother's valid consent to adoption, executed according to statutory requirements, obviates the need for a guardian ad litem.
• Gonzalez-Jimenez De Ruiz v. United States
  231 F. Supp. 2d 1187· M.D. Fla.· 2002-11-14 ·cited 16×
  The court held that Plaintiffs' claims for loss of consortium and intentional/negligent infliction of emotional distress were not cognizable under Florida law, and thus granted summary judgment for the Defendant.
• Esig Perlow v. Berg-Perlow
  816 So. 2d 210· Fla. 4th DCA· 2002-05-08 ·cited 16×
  In a family law dissolution case, the former husband appealed from orders denying his motions for temporary attorney's fees and from the final judgment, which awarded the former wife sole parental responsibility with no contact between the husband and child until age fourteen. Th
• Boyt v. Romanow
  664 So. 2d 995· Fla. 2d DCA· 1995-10-11 ·cited 16×
  In this paternity case, the court addressed the trial court's innovative approach to handling "good fortune" child support—the excess between guidelines-mandated support and the child's actual needs. The appellate court approved the concept of creating a trust for excess support
• Batchin v. Barnett Bank OF Sw. Fla. & Ann Kelz
  647 So. 2d 211· Fla. 2d DCA· 1994-08-05 ·cited 16×
  The court held that the trial court lacked authority to enter a foreclosure judgment because the service by publication was based on an insufficient affidavit of diligent search.
• Schilling v. Wood
  532 So. 2d 12· Fla. 4th DCA· 1988-08-17 ·cited 16×
  Grandparents lack standing to initiate a custody action against a parent who has not given up custody outside of a dissolution of marriage or dependency proceeding, but the trial court must conduct a proper Chapter 39 dependency proceeding on remand, with the child remaining with
• Laurian Anne Rauen Spankie v. Dep't of Health & Rehabilitative Servs.
  505 So. 2d 1357· Fla. 5th DCA· 1987-03-26 ·cited 16×
  Permanent termination of parental rights must be based on clear and convincing evidence of neglect, abuse, or abandonment—not merely on failure to comply with a performance agreement—and parental rights may be terminated based on evidence that the child is or will be neglected or
• In re Fla. Rules of Probate & Guardianship Procedure
  324 So. 2d 38· Fla.· 1975-12-17 ·cited 16×
  The Florida Supreme Court adopted new Rules of Probate and Guardianship Procedure effective January 1, 1976, to conform to the newly enacted Florida Probate Code and Florida Guardianship Law. The Court determined these rules were necessary and transitional, requiring immediate ad
• MacKAY v. Costigan
  179 F.2d 125· 7th Cir.· 1950-01-17 ·cited 16×
  The court held that the trial court properly entered judgment notwithstanding the verdict because there was no evidence of undue influence exerted by the defendants on the testatrix at the time the will was executed.
• Zaro v. Strauss
  167 F.2d 218· 5th Cir.· 1948-04-16 ·cited 16×
  A default judgment against an adjudicated incompetent is voidable if proper service on a guardian or guardian ad litem was not made, and if the incompetent had a meritorious defense.
• Mead v. Phillips
  135 F.2d 819· D.C. Cir.· 1943-04-30 ·cited 16×
  The court held that the death of a mentally incompetent widow does not terminate her power to elect between her husband's will and her statutory share, and an equity court can make this election on her behalf even after her death.