Guardian Ad Litem

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

• Appelt v. Whitty
  286 F.2d 135· 7th Cir.· 1961-01-31 ·cited 10×
  The court held that the minor plaintiff's domicile, not his guardian's, determined diversity jurisdiction, and the minor had established domicile in Illinois.
• The Mut. Life Ins. Co. OF NEW York v. Bonn Kraus Ginsburg & John Paul Ginsburg
  228 F.2d 881· 3d Cir.· 1956-01-10 ·cited 10×
  An order transferring a case under 28 U.S.C. § 1404(a) is interlocutory and not appealable, but an order allowing fees for a guardian ad litem payable from a fund in court custody is appealable.
• Gissen v. Goodwill
  74 So. 2d 86· Fla.· 1954-07-30 ·cited 10×
  A plaintiff employee sued a minor child and her parents after the child allegedly severed his finger by swinging a door at a hotel. The Florida Supreme Court dismissed the appeal as to the minor defendant due to improper service of process, holding that jurisdiction over a minor
• McDermott v. Thompson
  29 Fla. 299· Fla.· 1892-01-01 ·cited 10×
  McDermott sought to set aside his deceased wife's will executed before their marriage on grounds that it failed to provide for their son born during the marriage. The Florida Supreme Court reversed the lower court's dismissal and remanded because the minor children from the wife'
• Paul v. Frierson
  21 Fla. 529· Fla.· 1885-06-01 ·cited 10×
  John W. Paul sought to review a chancery decree that authorized the sale of trust property established by William L. Frierson for his wife Martha B. Frierson for life, with remainder to their surviving children. The Florida Supreme Court affirmed the decree on procedural grounds,
• Braswell
  11 Fla. 62· Fla.· 1865-01-01 ·cited 10×
  This case involves a dispute over slaves held in trust under an 1838 Georgia deed of trust created by Mary Ann Parland for the benefit of her daughter Louisa C. Cooper and her children. The Florida Supreme Court upheld the validity of the trust and the remainder interests of mino
• Muniz v. Muniz
  789 So. 2d 370· Fla. 3d DCA· 2001-03-28 ·cited 9×
  A trial court cannot modify an existing custody award based solely on the stated preference of children without other compelling reasons. A custodial parent's relocation to a foreign state does not constitute a substantial change of circumstances supporting custody modification a
• Louis H. Anderson, M.D. & Louis H. Anderson, M.D., P.A. v. Ewing
  768 So. 2d 1161· Fla. 4th DCA· 2000-09-13 ·cited 9×
  In this medical malpractice case arising from a complicated childbirth, the court affirmed the denial of Dr. Anderson's directed verdict motion, finding sufficient evidence of negligence. The court affirmed the trial court's set-off of the infant's settlement against the parents'
• Melinda Sharon Alchin and John v. Bentley, Jr.
  667 So. 2d 477· Fla. 2d DCA· 1996-02-02 ·cited 9×
  The trial court erred by failing to appoint a guardian ad litem to represent the child's interests when the child's paternity was challenged in a dissolution of marriage proceeding. The appellate court reversed and remanded, holding that the principles from Department of Health &
• Aris v. BIG TEN Taxi Corp.
  330 So. 2d 465· Fla.· 1976-03-17 ·cited 9×
• In re Appointment of Curator and Guardian for the Estate of Frank Adams
  135 Fla. 139· Fla.· 1938-11-25 ·cited 9×
  Florida Supreme Court upheld the constitutionality of Chapter 17976, Acts of 1937, which established a guardianship and curatorship procedure for physically incapacitated or weak-minded persons. The court rejected challenges to the statute's title, pleading requirements, and deni
• Marx v. Withers
  119 Fla. 692· Fla.· 1935-04-10 ·cited 9×
  Appellants Marx and others appealed a final decree dismissing their mortgage foreclosure complaint against Withers and others. The Florida Supreme Court affirmed the dismissal, rejecting all five arguments raised on appeal, including challenges to procedural orders, jurisdiction,
• Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Petersen
  920 So. 2d 75· Fla. 1st DCA· 2006-01-17 ·cited 8×
  Tallahassee Memorial Regional Medical Center sought a writ of certiorari to review a trial court's denial of its motion to appoint a guardian ad litem for a minor child whose parents rejected a guaranteed administrative award under Florida's Birth-Related Neurological Compensatio
• In re Commitment OF Raymond Branch. Raymond Branch v. State
  890 So. 2d 322· Fla. 2d DCA· 2004-12-10 ·cited 8×
  Raymond Branch challenged his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing he had a due process right to be competent during the commitment hearing. The court held that while Ryce Act proceedings are civil in nature and do not categorica
• Hughes v. Schatzberg
  872 So. 2d 996· Fla. 4th DCA· 2004-05-12 ·cited 8×
  In a custody modification appeal, the mother challenges the trial court's decision to allow the child's therapist to testify without establishing a waiver of the patient-psychotherapist privilege. The court affirms, holding that the mother lacked standing to assert the privilege
• In the Interest of BB. Rosemarie Spano v. Dep't of Child. & Families
  820 So. 2d 409· Fla. 3d DCA· 2002-06-26 ·cited 8×
  A mother challenged a juvenile court shelter order that prohibited all contact with her minor daughter, arguing the order was based on legally insufficient evidence and was an improper attempt to circumvent a prior appellate mandate restoring her visitation rights. The appellate
• Amendments to the Florida Rules of Civil Procedure
  756 So. 2d 27· Fla.· 1999-06-24 ·cited 8×
  The Florida Supreme Court adopted emergency rules and forms to implement newly enacted legislation requiring parental notification or judicial waiver thereof before abortion procedures on minors. The Court created Rule 1.840 and accompanying Form 1.999 for judicial waiver petitio
• Nathanson v. Nathanson
  693 So. 2d 1061· Fla. 4th DCA· 1997-05-14 ·cited 8×
  A wife petitioned for a writ of prohibition challenging the trial court's jurisdiction to consider her husband's motion to vacate a voluntary dismissal of their dissolution of marriage action, and seeking to disqualify the trial judge. The court granted the disqualification petit
• Dep't of Health & Rehabilitative Servs. v. Coskey
  599 So. 2d 153· Fla. 5th DCA· 1992-04-24 ·cited 8×
  HRS appeals the assessment of attorney's fees for court-appointed counsel representing children in eight consolidated dependency cases from Brevard County. The court reverses the fee assessments, holding that trial courts must exercise independent judgment before appointing couns
• Kennedy v. Leisa A. Kennedy
  583 So. 2d 415· Fla. 5th DCA· 1991-08-01 ·cited 8×
  A trial court has discretion to determine independently the best interests of a child and to decline to follow a custody agreement, but absent a record of the final hearing, an appellate court must presume the trial court considered the issues raised, and the appellant bears the
• Marek Koniecpolski v. Stelnicki
  571 So. 2d 577· Fla. 5th DCA· 1990-12-27 ·cited 8×
  Marek Koniecpolski appealed the denial of his motions to quash constructive service of process and to discharge court-appointed representatives in a real property foreclosure action. The Florida District Court of Appeal dismissed the appeal because the trial court's order was non
• In the Interest of Unknown P.
  546 So. 2d 21· Fla. 3d DCA· 1989-06-13 ·cited 8×
  The trial court erred in denying the guardian ad litem's motions for rehearing and stay, and should not have released the child to the father.
• Leinberger v. Leinberger
  455 So. 2d 1140· Fla. 2d DCA· 1984-09-19 ·cited 8×
  The court held that while a default judgment may stand for dissolution of marriage, a party's mental health issues, delay, and lack of notice may warrant vacating issues of child custody, support, alimony, and property rights.
• Johns v. Dep't OF Just. OF the United States
  624 F.2d 522· 5th Cir.· 1980-08-01 ·cited 8×
  The court held that deportation proceedings against an unrepresented infant violate due process, requiring the appointment of a guardian ad litem.
• Laundry v. Mahoney
  491 F.2d 1029· 8th Cir.· 1974-01-22 ·cited 8×
  The court held that a wage dispute arising from a contract's reopening clause is not arbitrable when the contract contains a narrow arbitration clause and an explicit provision prohibiting the arbitrator from changing contract terms.
• Brown v. COX
  467 F.2d 1255· 4th Cir.· 1972-10-04 ·cited 8×
  The court held that the district court must conduct a hearing to determine if the juvenile court's waiver of jurisdiction was appropriate, and the conviction should be vacated if it was not.
• Schetter v. Schetter
  239 So. 2d 51· Fla. 4th DCA· 1970-09-04 ·cited 8×
  The court held that the trial court erred in appointing a guardian ad litem based on privileged communications disclosed by an attorney to a third party without the client's consent.
• Slade v. La. Power & Light Co.
  418 F.2d 125· 5th Cir.· 1969-10-24 ·cited 8×
  A general guardian appointed by a state court in one state lacks the power to sue in federal court in another state if they would lack that power in that state's courts.
• Price v. Williams
  393 F.2d 348· D.C. Cir.· 1968-01-03 ·cited 8×
  The court held that the District Court did not err in continuing the guardian ad litem's services, denying the motion to remove conservators, or ordering the turnover of a testamentary document.
• Aden Foster v. Thomas
  112 So. 2d 33· Fla. 1st DCA· 1959-05-12 ·cited 8×
  In this partition case, the Fosters appealed a dismissal of their bill of review challenging a partition decree, arguing that the trial court lacked jurisdiction because Aaron Foster's heirs were omitted and the minor Hedgmans were improperly served. The court affirmed the dismis
• Wong KEN Foon v. Brownell
  218 F.2d 444· 9th Cir.· 1955-01-08 ·cited 8×
  The court held that the admission of prior inconsistent testimony was proper and that the denial of a continuance was not an abuse of discretion.
• In re Adoption OF K.A.G.
  152 So. 3d 1271· Fla. 5th DCA· 2014-12-24 ·cited 7×
  The paternal grandmother and father appealed the trial court's dismissal of the grandmother's petition to adopt a four-year-old child whose father (who consented to the adoption) was incarcerated awaiting trial for the child's mother's murder. The court held that the trial judge
• Smith v. Rainey
  747 F. Supp. 2d 1327· M.D. Fla.· 2010-09-30 ·cited 7×
  The court granted the motions to dismiss, finding that the Amended Complaint failed to state claims with facial plausibility for many counts, and that some defendants were immune from suit.
• N.L. v. Dep't of Child. & Fam. Servs.
  960 So. 2d 810· Fla. 3d DCA· 2007-06-27 ·cited 7×
  The Florida Third District Court of Appeal reversed a dependency adjudication because the Department of Children and Family Services failed to properly serve the mother with the initial dependency petition, either through personal service or by affidavit of diligent search as req
• P.K. v. Dep't OF Child. & Families
  927 So. 2d 131· Fla. 5th DCA· 2006-04-21 ·cited 7×
  A mother appealed the trial court's denial of her petition for conditional surrender of parental rights to allow her children to be adopted by family friends in Pennsylvania, while maintaining contact with them. The court affirmed the denial, holding that the trial court properly
• Emilio Delgado v. The Est. OF Dominga Freyre Garriga
  870 So. 2d 912· Fla. 3d DCA· 2004-04-21 ·cited 7×
  Emilio Delgado appeals probate orders denying his motion to strike the personal representative's objection to his claim and granting extensions of time to file objections. The Third District affirms, holding that the orders are appealable under Florida law and that the trial cour
• Ursula Bachinger v. Sunbank/South Fla., N.A.
  675 So. 2d 186· Fla. 4th DCA· 1996-05-29 ·cited 7×
  The Fourth District Court of Appeal reversed a trial court's order striking objections filed by alleged heirs and beneficiaries to a guardian's petition for final discharge, holding that relatives and beneficiaries of a deceased ward have standing to object to guardianship accoun
• Garrick v. Weaver
  888 F.2d 687· 10th Cir.· 1989-10-30 ·cited 7×
  The court held that the magistrate did not abuse his discretion in apportioning attorneys' fees on a quantum meruit basis and in managing the settlement funds. The court also held that the mother lacked standing to assert claims on behalf of her children due to the appointment of
• Mendez v. Mendez
  527 So. 2d 820· Fla. 3d DCA· 1987-04-28 ·cited 7×
  Trial court properly awarded primary residential custody to father based on best interests of child, not solely on mother's Jehovah's Witness faith, and did not interfere with mother's religious practice rights.
• Vinnie Cornelius v. Sunset Golf Course & Aetna Life & Cas. & Cosmopolitan Mut. Ins. Co.
  423 So. 2d 567· Fla. 1st DCA· 1982-12-17 ·cited 7×
  Vinnie Cornelius appeals a workers' compensation denial after the deputy commissioner allowed him, an adjudicated incompetent, to proceed pro se at the hearing without legal representation or a proper guardian. The First District Court of Appeal reversed, holding that allowing an
• Drake v. Wimbourne
  112 So. 2d 27· Fla. 2d DCA· 1959-05-13 ·cited 7×
  Florida appellate court reverses trial court's denial of a motion to dismiss, holding that service of process on an incompetent person must strictly comply with Florida Statute § 47.25, which requires service to both the incompetent person and their guardian. Service delivered on
• Parrish v. Haas
  69 Fla. 283· Fla.· 1915-03-02 ·cited 7×
  This case addresses the procedural requirements for enforcing a chattel mortgage against a minor defendant. The appellate court reversed the lower court's decision, emphasizing the trial court's duty to protect the interests of minors in litigation, even if their minority status
• Schmidt v. Liza Nipper
  287 So. 3d 1289· Fla. 1st DCA· 2020-01-21 ·cited 6×
  The appellate court affirmed the trial court's denial of a motion to vacate a paternity judgment. The court found the motion was untimely and that the appellant's due process rights were not violated, nor were there new circumstances justifying relief.
• D.H. v. Adept Cmty. Servs., Inc.
  271 So. 3d 870· Fla.· 2018-11-01 ·cited 6×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision that statute of limitations barred minors' negligence claims against service providers who allegedly failed to protect them from parental abuse. The Court held that the statute of limitations was to
• Wallace v. Keldie
  249 So. 3d 747· Fla. 1st DCA· 2018-06-13 ·cited 6×
  A trial court has inherent authority to dismiss an action with prejudice based on fraud on the court when clear and convincing evidence demonstrates that a party has provided false testimony concerning matters directly bearing on the central issues of the case. Fraud on the court
• In re Guardianship OF Erich Josef Trost. Tamara Swan v. Matthias Trost
  100 So. 3d 1205· Fla. 2d DCA· 2012-11-09 ·cited 6×
  Tamara Swan, guardian and trustee, challenged a trial court discovery order requiring disclosure of trust, corporate, and guardianship documents to Matthias Trost, the ward's estranged son who was neither a trust beneficiary nor corporate shareholder. The appellate court granted
• Vitale v. Anne Vitale
  31 So. 3d 970· Fla. 4th DCA· 2010-04-14 ·cited 6×
  In this family law appeal, the Fourth District Court of Appeal affirmed an award of attorney's fees to the former wife following the former husband's voluntary dismissal of his modification petition, but reversed the award of attorney's fees for the denied holiday visitation moti
• Mahmood v. Wahid Mahmood
  15 So. 3d 1· Fla. 4th DCA· 2009-01-28 ·cited 6×
  Patricia Mahmood sought a writ of certiorari to review the trial court's denial of her motion for a hearing under section 39.0139, Florida Statutes, to suspend her husband's visitation pending investigation of alleged sexual abuse allegations. The Fourth District Court of Appeal
• Amendment to the Rules of Juvenile Procedure
  842 So. 2d 763· Fla.· 2003-03-06 ·cited 6×
  The Florida Supreme Court adopts Rule of Juvenile Procedure 8.350, establishing standardized procedures for involuntary placement of dependent children in residential mental health treatment facilities. The rule mandates appointment of counsel when a child objects to placement an
• G.S. v. Dep't of Child. & Fam. Servs.
  838 So. 2d 1221· Fla. 3d DCA· 2003-03-05 ·cited 6×
  G.S. appealed the termination of her parental rights regarding minor child D.V. The Florida appellate court reversed because the trial court failed to appoint a guardian ad litem for the child as required by statute, despite the Department's petition falsely claiming one had been