Guardian Ad Litem

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

• Bocquet v. Ouzid
  225 F. Supp. 2d 1337· S.D. Fla.· 2002-07-18 ·cited 6×
  The court held that the child was wrongfully removed from France, his habitual residence, and ordered his return to France with his mother.
• Godales v. Y.H. Invs. Inc.
  667 So. 2d 871· Fla. 3d DCA· 1996-01-31 ·cited 6×
  A Florida appellate court held that a minor child's negligence recovery cannot be reduced due to the negligent supervision of the child's parent, even under comparative negligence principles, because the common law rule protecting children from imputation of parental negligence r
• Robinson v. State
  661 So. 2d 363· Fla. 1st DCA· 1995-10-10 ·cited 6×
  The court affirmed a final judgment of paternity against Robinson, holding that Privette protections requiring appointment of a guardian ad litem do not apply when the child's legal father has already been judicially determined not to be the biological father through blood tests
• Ownby v. Marina L. Ownby
  639 So. 2d 135· Fla. 5th DCA· 1994-07-01 ·cited 6×
  A husband in a dissolution of marriage action sought certiorari review of a trial court order compelling him to submit to HLA blood testing to determine paternity of the youngest child. The Florida appellate court granted the petition and quashed the order, holding that the trial
• Harmon v. Williams
  615 So. 2d 681· Fla.· 1993-03-18 ·cited 6×
  The Florida Supreme Court held that an attorney at law lacks authority to execute an election of elective share on behalf of a surviving spouse, distinguishing such authority from that of an attorney-in-fact under a durable family power of attorney. The Court also held that a not
• Sherri A.D. v. W.N. Kirby
  975 F.2d 193· 5th Cir.· 1992-10-19 ·cited 6×
  The court held that it had jurisdiction to hear the appeal of the magistrate judge's order directing Sherri's transfer to community housing, affirming that order. However, it declined to hear appeals on other interlocutory matters.
• Brago v. Brago
  604 So. 2d 866· Fla. 3d DCA· 1992-08-11 ·cited 6×
  A paternal grandmother appealed an order that terminated her visitation rights with her grandchildren and denied her request for a guardian ad litem appointment. The court affirmed the suspension of visitation but reversed the permanent termination because the grandmother was not
• Hull v. United States
  971 F.2d 1499· 10th Cir.· 1992-08-10 ·cited 6×
  The court held that the district court has the inherent power to order a fully reversionary trust for a handicapped child's damages if it is in the child's best interest, and that interest on the award accrues from the date of the formal judgment entry under Rule 58, not from ear
• United States v. M.I.M.
  932 F.2d 1016· 1st Cir.· 1991-05-17 ·cited 6×
  A minor's right to appeal a delinquency adjudication is not divested by parental opposition, and proceedings under the Juvenile Delinquency Act cannot commence without timely receipt of prior juvenile records.
• Mistretta v. Mistretta
  566 So. 2d 836· Fla. 5th DCA· 1990-08-23 ·cited 6×
  In this Florida family law case, the wife appealed the trial court's denial of child support for her son Vincent III, whom she admitted was not the husband's biological child. The appellate court affirmed the trial court's decision, rejecting both the wife's estoppel argument and
• Kantor v. Kantor
  545 So. 2d 1378· Fla. 4th DCA· 1989-06-28 ·cited 6×
• Gardner v. Parson
  874 F.2d 131· 3d Cir.· 1989-05-03 ·cited 6×
  The court held that the district court abused its discretion by failing to appoint a new next friend for the child and dismissing her claims, but affirmed the dismissal of the grandmother's individual claims.
• Orkin Extermination Co., Inc. v. Lazarus
  512 So. 2d 1120· Fla. 3d DCA· 1987-09-22 ·cited 6×
  Orkin Extermination appeals a judgment awarding the Lazarus family $190,458.57 in damages for bodily injuries, property damage, and punitive damages. The appellate court rejected Orkin's evidentiary challenges but remanded the case because the judgment failed to allocate specific
• In re Chicago
  788 F.2d 1280· 7th Cir.· 1986-04-22 ·cited 6×
  The court held that the reorganization court was not required to appoint a guardian ad litem for a minor potential claimant and that the claimant's suit was barred by laches and the claims deadline.
• Meeker v. Kercher
  782 F.2d 153· 10th Cir.· 1986-01-22 ·cited 6×
  A guardian ad litem is not acting under color of state law for purposes of 42 U.S.C. § 1983, and a parent cannot represent minor children in federal court if the parent is not an attorney.
• Mirella Adelman v. Graves
  747 F.2d 986· 5th Cir.· 1984-12-03 ·cited 6×
  The district court improperly dismissed the pro se complaint with prejudice without first determining if the incompetent person's interests were adequately protected.
• Williams v. Richardson
  432 So. 2d 58· Fla. 3d DCA· 1983-03-22 ·cited 6×
• Damiano v. Weinstein
  355 So. 2d 819· Fla. 3d DCA· 1978-02-07 ·cited 6×
  A seller appealed a judgment finding his title to real estate unmarketable due to a defect arising from a 1944 tax foreclosure proceeding. The court affirmed, holding that the title defect could not be cured because the fee owner was not named as a defendant in the original forec
• Brown v. Mack Mitchell and wife
  119 So. 2d 385· Fla.· 1960-03-02 ·cited 6×
  The Florida Supreme Court resolved a conflict between two appellate decisions regarding proper service of process on incompetent persons. The Court held that service of a summons in a foreclosure action must strictly comply with statutory requirements by serving both the incompet
• Smith v. United States
  272 F.2d 228· 9th Cir.· 1959-11-20 ·cited 6×
  The court held that the appeals were untimely or from non-existent orders and therefore dismissed them.
• Springer v. Best
  264 F.2d 24· 9th Cir.· 1959-01-05 ·cited 6×
  The court held that an appellant must establish error with the record before the court, and without a transcript of testimony, many issues cannot be reviewed.
• Siniscal v. United States
  208 F.2d 406· 9th Cir.· 1953-11-14 ·cited 6×
  The court held that the government is not required to refund consideration for voided land sales, and any restoration must come from the Indian beneficial owners, but the district court lacked jurisdiction over a conservator's funds.
• Scott v. United States
  190 F.2d 134· 5th Cir.· 1951-06-25 ·cited 6×
  The court held that the motion to set aside the default judgment was properly denied because the service of process complied with Mississippi statutes, and even if Catherine Scott was incompetent, the judgment was voidable, not void, and no meritorious defense was shown.
• Burnard Whitten v. State
  86 Fla. 111· Fla.· 1923-07-07 ·cited 6×
  Burnard Whitten was convicted of first-degree murder for the second time after his initial conviction was reversed on a prior writ of error. The Florida Supreme Court affirmed the death sentence, rejecting claims regarding jurisdictional defects following county boundary changes,
• Thompson v. McDermott
  19 Fla. 852· Fla.· 1883-01-01 ·cited 6×
  This case involves an appeal from a decree that revoked a will due to the testatrix's subsequent marriage and the birth of her child. The appellate court reversed the decree, not on the merits of the will's revocation, but because the minor children, who were the beneficiaries of
• Brock v. Doyle
  18 Fla. 172· Fla.· 1881-01-01 ·cited 6×
  In this partition suit, the Florida Supreme Court held that a state court did not lose jurisdiction over a removal petition because the petition alleged only that defendants were residents of Georgia, not citizens thereof, as citizenship and residence are not synonymous. The Cour
• Srinath Subramanian v. Veena Subramanian
  239 So. 3d 719· Fla. 4th DCA· 2018-03-14 ·cited 5×
  A trial court may condition increased timesharing on completion of therapy and parenting courses but cannot delegate authority to determine visitation to therapists or guardians ad litem.
• Gomez v. Fradin
  199 So. 3d 554· Fla. 4th DCA· 2016-09-14 ·cited 5×
  The trial court correctly determined it lacked authority to appoint an administrator ad litem for a deceased party.
• Ballard v. Wood
  863 So. 2d 1246· Fla. 5th DCA· 2004-01-02 ·cited 5×
  The court held that the trial court erred by proceeding with litigation after being put on notice of the defendant's incapacitation without abating the action or appointing a guardian ad litem.
• Mahmoud Ismail Ayyash v. Ayyash
  700 So. 2d 752· Fla. 5th DCA· 1997-10-10 ·cited 5×
  This case addresses whether a trial court properly modified a temporary custody order awarding a Palestinian-American father custody after the mother absconded with the children for six and a half years. The appellate court reversed, holding that the mother's misconduct in fleein
• Chrissy F. v. Miss. Dep't OF Pub. Welf.
  883 F.2d 25· 5th Cir.· 1989-09-11 ·cited 5×
  The court held that the district court erred in dismissing the case for lack of jurisdiction based on the plaintiff's capacity to sue. The district court must determine if the plaintiff can represent the infant under state law or appoint a suitable representative.
• Hernandez v. Hernandez
  406 So. 2d 513· Fla. 3d DCA· 1981-11-03 ·cited 5×
  The Florida Court of Appeal reversed a trial court order that granted the father custody of a two-year-old child based solely on enforcement of a Texas custody decree. The court held that Florida courts must first determine whether the foreign state had jurisdiction before applyi
• Dep't OF Health & Rehabilitative Servs. v. Alper
  375 So. 2d 571· Fla. 4th DCA· 1979-03-14 ·cited 5×
  The Florida Fourth District Court of Appeal affirmed a trial court's injunction prohibiting the Department of Health and Rehabilitative Services from recouping child support collection costs from weekly support payments made for a child. The court held that under applicable law,
• Brown v. Mack Mitchell and wife
  151 So. 2d 305· Fla. 1st DCA· 1963-03-14 ·cited 5×
  Georgia Olena Brown, as guardian of an incompetent man, challenged a 1943 mortgage foreclosure proceeding against L. L. Davis, claiming the summons was improperly served. The court held that the amended sheriff's return showing proper service of the summons on both the incompeten
• Solomon v. Sofia Vasquez Solomon
  251 So. 3d 244· Fla. 3d DCA· 2018-06-20 ·cited 4×
  David Solomon appealed a final judgment of dissolution of marriage that restricted his time-sharing with his minor children to supervised visitation. The Florida Third District Court of Appeal reversed and remanded, holding that the trial court failed to specify the steps the hus
• In the Interest of S.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  83 So. 3d 883· Fla. 2d DCA· 2012-01-27 ·cited 4×
  The Florida Court of Appeal, Second District, granted a writ of certiorari filed by paternal grandparents challenging a trial court order that prohibited the grandfather from any contact with his grandson and continued the child's placement with the grandmother. The court found t
• AMENDMENTS TO FLA. RULES OF JUV. PROCEDURE 8.135 & 8.510
  816 So. 2d 536· Fla.· 2002-01-03 ·cited 4×
  The Florida Supreme Court adopted amendments to Florida Rules of Juvenile Procedure 8.135 and 8.510 in response to legislative changes and prior court decisions requiring juveniles to comply with appellate preservation rules. The amendments establish procedures for correcting dis
• Barker v. Barker
  785 So. 2d 1273· Fla. 5th DCA· 2001-06-08 ·cited 4×
  Wade Barker sought certiorari review to quash an order compelling him to submit to paternity testing. The court granted the petition and quashed the order, holding that the trial court must first consider the child's best interests before ordering paternity tests when a putative
• L.D. v. Dep't of Child. & Fam. Servs.
  770 So. 2d 219· Fla. 3d DCA· 2000-10-25 ·cited 4×
  A mother appeals a final judgment terminating her parental rights to her child. The sole issue on appeal is whether testimony from a guardian ad litem who performed no investigation should have been excluded. The court affirms the termination, finding the factual basis overwhelmi
• Adaly Mendez v. Simon
  739 So. 2d 101· Fla. 3d DCA· 1999-02-24 ·cited 4×
  A minor plaintiff appealed a final judgment that applied the entire $3 million settlement with one defendant as a setoff against the jury verdict in her claim against other defendants. The appellate court reversed, holding that only the $130,000 specifically allocated to the mino
• State v. Pough
  723 So. 2d 303· Fla. 2d DCA· 1998-11-06 ·cited 4×
  The Florida Department of Revenue sought to reverse a trial court order requiring DNA blood testing to vacate a 1991 paternity judgment, arguing that paternity judgments become final and cannot be reopened based on intrinsic fraud absent extrinsic fraud. The court granted the pet
• Dolin v. West
  22 F. Supp. 2d 1343· M.D. Fla.· 1998-09-21 ·cited 4×
  The court held that defendants are entitled to immunity and that the plaintiff failed to state a claim upon which relief can be granted for both federal and state law causes of action.
• State v. Williams
  714 So. 2d 1176· Fla. 2d DCA· 1998-07-31 ·cited 4×
  The trial court erred in awarding attorney's fees to a volunteer attorney ad litem when the appointment order only allowed for cost reimbursement.
• Mmma v. Jonely
  677 So. 2d 343· Fla. 5th DCA· 1996-06-28 ·cited 4×
  MMMA, the natural mother of a minor child, sought a writ of certiorari to quash a Florida circuit court's orders denying her motions to dismiss and appointing a guardian ad litem in proceedings initiated by Susan Jonely, a Tennessee resident seeking to monitor the child's welfare
• Calandra Fisher v. Dep't of Health & Rehabilitative Servs.
  674 So. 2d 207· Fla. 5th DCA· 1996-05-31 ·cited 4×
  Calandra Fisher appeals the termination of his parental rights to his daughter, arguing that fundamental error occurred because the guardian ad litem appointed for the child did not serve the entire case. The court affirmed, holding that the failure to maintain a guardian ad lite
• In the Interest of S.D. v. State
  670 So. 2d 1099· Fla. 2d DCA· 1996-03-22 ·cited 4×
  A father appeals the termination of his parental rights to his son based on alleged failure to comply with a performance agreement/case plan. The appellate court reverses, finding that HRS failed to meet its burden of proving by clear and convincing evidence that the father mater
• Conrad v. Conrad
  663 So. 2d 662· Fla. 2d DCA· 1995-10-25 ·cited 4×
  Wendy Conrad appeals a contempt order finding her in willful civil contempt for refusing to submit her minor child to paternity blood-testing. The Florida District Court of Appeal reverses, holding that the underlying April 27, 1994 court order did not require the child to submit
• Dep't OF Health & Rehabilitative Servs. v. Kahn
  639 So. 2d 689· Fla. 5th DCA· 1994-07-08 ·cited 4×
  The Florida Fifth District Court of Appeal affirmed an order requiring the Department of Health and Rehabilitative Services (HRS) to pay an expert witness fee for a psychologist who testified in a parental rights termination proceeding. The court held that HRS's statutory duty to
• N.G. v. Arvida Corp.
  630 So. 2d 1164· Fla. 3d DCA· 1993-12-21 ·cited 4×
  The court held that the statute of limitations was not tolled because the plaintiff had access to the courts through a next friend or guardian ad litem.
• Allstate Ins. Co. v. Brown
  920 F.2d 664· 10th Cir.· 1990-11-29 ·cited 4×
  The court held that Allstate was not obligated to defend or indemnify the insureds for the accident because the vehicle involved was not an "insured auto" under the policy, as it was a non-owned vehicle not used with the owner's permission.