Guardian Ad Litem

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

• Howard v. Overholser
  130 F.2d 429· D.C. Cir.· 1942-06-30 ·cited 16×
  The court held that a petitioner seeking transfer to another state must demonstrate that the receiving state is willing to accept him, and that District of Columbia courts lack jurisdiction to compel another state to accept a patient.
• Montgomery Ward & Co. v. Callahan
  127 F.2d 32· 10th Cir.· 1942-03-24 ·cited 16×
  A release obtained through mutual mistake as to the nature and extent of injuries, or through fraud and coercion, can be set aside, and the statute of limitations is tolled by the substitution of a proper party plaintiff.
• McINTOSH v. Wiggins
  123 F.2d 316· 8th Cir.· 1941-10-29 ·cited 16×
  The court should reverse and remand to allow amendment and grant equitable relief, as the prior decree was unconscionable and legally indefensible.
• Standard Oil Co. v. St. Johns Mehrtens
  96 Fla. 455· Fla.· 1928-10-09 ·cited 16×
  In this Florida probate dispute, the Supreme Court reversed the lower court's authorization for the executor to sell the estate's real property to pay debts, holding that the will limited the trustee-executor's authority to reinvesting proceeds in mortgages only, not to selling f
• Sharick v. Se. Univ. OF THE Health Scis., Inc.
  891 So. 2d 562· Fla. 3d DCA· 2004-11-10 ·cited 15×
  Keith Sharick appeals an order enforcing a settlement agreement negotiated by his attorney, Donald Tobkin, without clear authorization from Sharick to do so. The Third District Court of Appeal reversed, holding that an attorney's authority to settle must be clear and unequivocal,
• Buckner v. Fam. Servs. OF Cent. Fla., Inc.
  876 So. 2d 1285· Fla. 5th DCA· 2004-07-23 ·cited 15×
  Former foster parents appealed the dismissal of their petition seeking adoption of a minor child in state custody, claiming they had standing to sue as the child's next friend. The Fifth District affirmed the dismissal, holding that adoption is a statutory privilege, not a consti
• Gonzalez Ex Rel. Gonzalez v. Reno
  86 F. Supp. 2d 1167· S.D. Fla.· 2000-03-21 ·cited 15×
  The court held that it has subject matter jurisdiction to review the INS's refusal to adjudicate Elian Gonzalez's asylum application, distinguishing this from unreviewable enforcement decisions or withdrawal of admission applications.
• Miles v. Miles
  117 Fla. 884· Fla.· 1935-01-07 ·cited 15×
  The appellate court reversed a foreclosure decree and sale confirmation, finding the lower court lacked jurisdiction to enter the decree because the defendant seeking foreclosure did not properly serve her co-defendants as required by chancery practice rules. This decision highli
• Flores v. Sanchez
  137 So. 3d 1104· Fla. 3d DCA· 2014-03-26 ·cited 14×
  Carlos Flores sought certiorari review of a trial court order compelling him to submit to paternity testing in an action brought by Vanessa Sanchez, the biological mother, seeking to disestablish his presumed paternity based on fraud and duress. The Florida District Court of Appe
• Dep't OF Child. & Fam. Servs. v. In the Interest OF J.C.
  847 So. 2d 487· Fla. 3d DCA· 2002-09-23 ·cited 14×
  The Florida Third District Court of Appeal denied the Department of Children and Family Services' petition for writ of prohibition seeking to overturn a trial court order that returned a child to his long-term caregiver pending review of the appropriateness of adoptive placement.
• Fla. Bd. of Bar Exam'rs re M.L.B.
  766 So. 2d 994· Fla.· 2000-04-13 ·cited 14×
  M.L.B. sought review of the Florida Board of Bar Examiners' recommendation denying his admission to The Florida Bar after he failed to demonstrate rehabilitation following a prior denial based on theft and lack of candor. The Florida Supreme Court affirmed the Board's denial, hol
• Fla. Dep't OF Revenue ex rel. R.A.E. v. M.L.S.
  756 So. 2d 125· Fla. 2d DCA· 2000-02-18 ·cited 14×
  The Florida Department of Revenue appeals an order setting aside a child support judgment after the putative father presented DNA evidence excluding him as the biological father. The court affirms, holding that because paternity was never formally adjudicated in the original supp
• In re E.F. v. Dep't of Health & Rehabilitative Servs.
  639 So. 2d 639· Fla. 2d DCA· 1994-07-01 ·cited 14×
  Mother A.D. appeals the termination of her parental rights to two of her three children in foster care. The court affirms the termination despite the trial court's inability to appoint a guardian ad litem, holding that the failure to appoint a guardian does not constitute fundame
• In re T.W.
  543 So. 2d 837· Fla. 5th DCA· 1989-05-12 ·cited 14×
  T.W., a minor, appealed the denial of her petition for judicial waiver of parental consent for abortion. The court held that Florida's judicial bypass procedure under section 390.001(4)(a) is unconstitutionally vague and fails to provide adequate safeguards against arbitrary deni
• In re Horacek v. Thone
  710 F.2d 496· 8th Cir.· 1983-06-30 ·cited 14×
  The court held that the attorney was not entitled to fees under the consent decree or federal statutes because the consent decree did not provide for compensation and § 1988 does not authorize fees for state administrative proceedings absent a federal mandate.
• William and Mary Lou Castorr v. Brundage
  674 F.2d 531· 6th Cir.· 1982-03-23 ·cited 14×
  The court affirmed the district court's dismissal, holding that federal courts should not intervene in child custody disputes, claims were barred by res judicata, and judicial immunity and the Eleventh Amendment protected state officials and agencies.
• Philena C. Cohen v. Cohen
  346 So. 2d 1047· Fla. 2d DCA· 1977-05-27 ·cited 14×
  A guardian ad litem may seek modification of separate maintenance for an incompetent ward, but cannot initiate or maintain a divorce action for that ward.
• In re the Matter of Deena Theresa Castro
  344 So. 2d 270· Fla. 4th DCA· 1977-03-25 ·cited 14×
  A Florida appellate court reversed the lower court's decision appointing an attorney as guardian of two minor children's property estate, holding that the statutory preference for appointment of next of kin (here, the mother) as guardian must be followed unless the parent is show
• Stark v. Chicago
  203 F.2d 786· 7th Cir.· 1953-04-29 ·cited 14×
  The trial court had the authority to apportion the settlement fund between the widow and son, and the apportionment made was fair and equitable.
• Laflin v. Gato
  52 Fla. 529· Fla.· 1906-06-01 ·cited 14×
  This case involves appeals from a lower court's decree enforcing a mortgage lien. The appellate court reversed the decree due to fatal defects in service of process on a minor defendant and significant procedural irregularities in making another defendant a party. The court found
• Peak Prop. & Cas. Ins. Corp. v. Monzon
  2011 WL 6752557· M.D. Fla.· 2021-10-15 ·cited 13×
  The court held that default judgment cannot be entered against minors unless they are represented by a fiduciary who has appeared.
• B.B. v. Dep't of Child. & Families
  854 So. 2d 822· Fla. 1st DCA· 2003-09-19 ·cited 13×
  A paternal grandmother appeals the dismissal of her adoption petition for her twin grandchildren in a dependency case. The trial court had previously ordered at the termination of parental rights that the grandmother be given an opportunity to adopt if certain conditions were met
• L.J.R. v. T.T.
  739 So. 2d 1283· Fla. 1st DCA· 1999-09-14 ·cited 13×
  A Florida appellate court reversed a trial court's judgment granting a birth mother's petition to adopt her own child, which had the effect of terminating the biological father's parental rights while leaving the mother's intact. The court held that birth parents cannot use adopt
• Adelo Buncayo v. Michael Dribin Ad Litem for the minor
  533 So. 2d 935· Fla. 3d DCA· 1988-11-22 ·cited 13×
  The trial court did not abuse its discretion in reducing the parents' award and attorney fees, nor in applying the Florida Bar Rule of Professional Conduct as a guideline for a minor's settlement.
• The Fla. Bar re Advisory Opinion HRS Nonlawyer Counselor
  518 So. 2d 1270· Fla.· 1988-02-04 ·cited 13×
  The court held that while HRS lay counselors' activities constitute the practice of law, they may continue these activities temporarily pending further study by an ad hoc committee, with the caveat that courts may require legal counsel when circumstances demand.
• Nixon v. Bryson
  488 So. 2d 607· Fla. 3d DCA· 1986-05-06 ·cited 13×
  The personal representative of a deceased airplane crash victim and his attorneys appealed a trial court's reduction of contingent attorney's fees from 40% to one-third of a $100,000 settlement in a wrongful death action involving a minor beneficiary. The appellate court affirmed
• Taylor v. Terrie E. Bonsall
  875 So. 2d 705· Fla. 5th DCA· 2004-06-04 ·cited 12×
  Father appeals a trial court order extending his child support obligation for his dependent adult daughter beyond her eighteenth birthday, arguing the parties' stipulation required any extension order to be entered before she reached majority. The Fifth District Court of Appeal a
• Amendment to the Rules of Juvenile Procedure
  804 So. 2d 1206· Fla.· 2001-10-25 ·cited 12×
  The Florida Supreme Court adopted amended Rule of Juvenile Procedure 8.350 governing placement of dependent children in residential treatment centers. The Court rejected the Juvenile Court Rules Committee's proposed rule and mandated both a pre-commitment hearing and mandatory ap
• Robert L. Steele, M.D. v. Davis
  667 So. 2d 264· Fla. 1st DCA· 1995-08-31 ·cited 12×
  Florida appellate court denied certiorari petition challenging trial court's denial of motion to dismiss medical malpractice action, holding that a single pre-suit notice letter adequately notified defendant of claims by both mother and minor child despite naming only the mother.
• Auerbach v. McKINNEY
  549 So. 2d 1022· Fla. 3d DCA· 1989-06-20 ·cited 12×
  A severely brain-damaged minor child settled a personal injury case for $2.5 million, but the settlement funds were improperly disbursed to the plaintiffs' attorneys and a guardian with conflicts of interest rather than to the minor's estate. The appellate court affirmed that the
• Burden v. Robert J. Dickman Ad Litem of Adam Paul Burden
  547 So. 2d 170· Fla. 3d DCA· 1989-06-06 ·cited 12×
  Paul and Evelyn Burden appealed an order denying their motion to discharge a guardian ad litem appointed for their minor son Adam and to dismiss a petition for accounting regarding tort settlement proceeds. The Florida appellate court affirmed, holding that the probate court had
• Tessler v. Tessler
  539 So. 2d 522· Fla. 4th DCA· 1989-03-01 ·cited 12×
  In this child custody modification appeal, the Florida Fourth District Court of Appeal affirmed the trial court's decision to modify a shared parental responsibility arrangement and award the father sole custody based on the mother's pattern of conduct that interfered with visita
• Salazar v. Santos (Harry) & Co., Inc.
  537 So. 2d 1048· Fla. 3d DCA· 1989-01-17 ·cited 12×
  In this wrongful death appeal, the court affirmed the trial court's reduction of damage awards to the decedent's minor children due to excessiveness, but reversed the court's conditional threat of a new trial on all damages (including awards to the estate and surviving spouse) th
• Steele v. The Hartford Fire Ins. Co.
  788 F.2d 441· 7th Cir.· 1986-04-10 ·cited 12×
  The court held that the insurer did not act in bad faith by refusing to settle for policy limits plus a covenant not to sue, as its actions were objectively consistent with protecting the insured's interests and the district court's finding of bad faith was clearly erroneous.
• Sparkman v. McFARLIN
  552 F.2d 172· 7th Cir.· 1977-03-23 ·cited 12×
  A state court judge who orders the sterilization of a minor without statutory or common law authority and without procedural due process acts extrajudicially and is not entitled to judicial immunity.
• Spangler v. Pasadena City Bd. OF Educ.
  537 F.2d 1031· 9th Cir.· 1976-05-25 ·cited 12×
  The court held that the civil contempt finding is moot and the creation of a review board was an error. Attorney's fees for a self-represented lawyer were properly denied.
• Peppard v. Peppard
  198 So. 2d 68· Fla. 3d DCA· 1967-04-18 ·cited 12×
  The court affirmed orders appointing a guardian ad litem for a husband with a history of mental incompetency and authorizing the guardian to preserve the husband's property, finding the circuit court has inherent equitable power to do so.
• Mildred O. Ward ad litem of Robert Fred Ward v. Brown
  301 F.2d 445· 10th Cir.· 1962-03-23 ·cited 12×
  The court held that the improper admission of expert testimony in a bench trial does not require reversal if there is sufficient competent evidence to support the judgment. It also held that the refusal to grant a jury trial was proper due to the untimely demand.
• Bradley v. Pace
  183 F.2d 806· D.C. Cir.· 1950-05-15 ·cited 12×
  The court dismissed the appeal from the January 15, 1948 order as untimely and affirmed the March 7, 1949 order regarding guardian ad litem fees.
• Jones v. Fed. Farm Mortg. Corp.
  132 Fla. 807· Fla.· 1938-06-14 ·cited 11×
  This case concerns whether heirs of a deceased mortgagor are necessary parties in a mortgage foreclosure suit when no administration has been opened for the estate. The court held that heirs are necessary parties, affirming the lower court's denial of a motion to dismiss.
• Lozora Mary Day and Henry M. Day v. Hurchman
  65 Fla. 186· Fla.· 1913-02-25 ·cited 11×
  This case involves an appeal from a sustained demurrer to a bill of complaint seeking to vacate a prior decree. The appellants alleged fraud in the original suit that led to the decree, particularly concerning the representation made to the minor complainant's guardian. The appel
• A.L. v. Dep't of Child. & Families
  53 So. 3d 324· Fla. 5th DCA· 2010-12-21 ·cited 10×
  The court held that terminating jurisdiction and permanently placing children with the father was improper when the mother was making progress on her case plan and the permanency goal was unclear, violating due process.
• Alec Ross v. Damas
  31 So. 3d 201· Fla. 3d DCA· 2010-02-17 ·cited 10×
  The appellate court reversed a trial court's order that vacated a final judgment foreclosing a lien, a foreclosure sale, and a clerk's default. The appellate court found the trial court lacked jurisdiction to appoint an attorney ad litem post-judgment and that the appointed attor
• Schiavo Ex Rel. Schindler v. Schiavo
  357 F. Supp. 2d 1378· M.D. Fla.· 2005-03-22 ·cited 10×
  The court denied the motion for a temporary restraining order because the plaintiffs failed to establish a substantial likelihood of success on the merits of their claims.
• Flores v. Meese
  942 F.2d 1352· 9th Cir.· 1991-08-09 ·cited 10×
  The INS policy of incarcerating children pending deportation hearings, rather than releasing them to responsible non-relative adults, flagrantly violates due process.
• In re the Matter of Lloyd H. Skinner
  541 So. 2d 781· Fla. 4th DCA· 1989-04-19 ·cited 10×
  Indian River County appealed an order requiring it to pay appointed counsel fees for a disabled adult ward in an Adult Protective Services proceeding. The Florida Fourth District Court of Appeal affirmed, holding that counties must pay such fees under section 43.28 because legall
• United States v. 30.64 Acres OF Land
  795 F.2d 796· 9th Cir.· 1986-07-28 ·cited 10×
  The court reversed and remanded for consideration of appointing counsel and a guardian ad litem.
• Ky. Ass'n FOR Retarded Citizens, Inc. v. Conn
  674 F.2d 582· 6th Cir.· 1982-04-06 ·cited 10×
  The court affirmed the district court's judgment regarding the construction of the Outwood facility and the allocation of guardian ad litem fees, but retained jurisdiction over the issue of attorneys' fees pending a Supreme Court decision.
• In re the Guardianship OF Lucile K. Jansen
  405 So. 2d 1074· Fla. 2d DCA· 1981-11-18 ·cited 10×
  Lucile K. Jansen appeals fee awards made to her voluntary guardian, the guardian's attorney, and her court-appointed guardian ad litem. The court affirms the fee awards to Sun Bank and its attorney but reverses and remands the fee award to the guardian ad litem, holding that the
• The Fla. Nat'l Bank & Tr. Co. AT Miami v. Blake
  155 So. 2d 798· Fla. 3d DCA· 1963-08-13 ·cited 10×
  Florida National Bank appeals the chancellor's dissolution of an irrevocable spendthrift trust created in 1954 by John Joseph Blake. The court reverses, holding that the chancellor erred in terminating the trust without all beneficiaries, including contingent beneficiaries and an