Guardian Ad Litem

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

• Jannis v. Tanner
  533 So. 2d 300· Fla. 3d DCA· 1988-11-01 ·cited 4×
  Rita Jannis appealed a judgment in a guardianship estate dispute involving her incapacitated mother, Betty Wyle Tanner. The court vacated the judgment and remanded the case because the trial court lacked jurisdiction, having failed to appoint a guardian ad litem to represent the
• Rodriguez v. Levin
  524 So. 2d 1107· Fla. 3d DCA· 1988-05-10 ·cited 4×
  Rodriguez, an attorney, sued his court-appointed guardian ad litem for breach of fiduciary duty after the guardian allegedly failed to defend him in a mortgage foreclosure action. The court reversed the dismissal, holding that a guardian ad litem owes a fiduciary duty to locate a
• In re The Petition of Lucia Mary Scala
  523 So. 2d 714· Fla. 4th DCA· 1988-04-06 ·cited 4×
• Beth Alyson Esdale (Cohen) v. Esdale
  487 So. 2d 1219· Fla. 4th DCA· 1986-05-07 ·cited 4×
  The appellate court affirmed a trial court's decision granting physical custody of a child to the father, despite the mother's allegations of sexual abuse, finding sufficient evidence to support the trial court's determination that the accusations were false and that the mother h
• Robinson v. Heckler
  783 F.2d 1144· 4th Cir.· 1986-02-21 ·cited 4×
  The court affirmed the denial of benefits for the period prior to 1980, finding the 1971 application was administratively final and could not be reopened. Attorney's fees were also denied.
• Ledford v. Ledford
  469 So. 2d 828· Fla. 5th DCA· 1985-04-25 ·cited 4×
  In a dissolution of marriage case, the appellate court affirmed the trial court's awards of permanent periodic alimony and attorney's fees to the wife but reversed the award of the marital home as lump sum alimony, finding the trial court failed to determine whether the property
• Frisard v. Frisard
  453 So. 2d 1150· Fla. 4th DCA· 1984-07-11 ·cited 4×
  A trial court does not abuse its discretion in awarding primary residential custody to the mother where competent evidence establishes the mother's fitness and capability and the father's prior wrongful concealment of the child, even when the father presents psychological testimo
• The Fla. Bar. in re Supplemental Petition for Changes in the Fla. Rules of Probate & Guardianship Procedure
  344 So. 2d 828· Fla.· 1977-03-31 ·cited 4×
  The Florida Supreme Court adopted revised Florida Rules of Probate and Guardianship Procedure effective July 1, 1977, following up on temporary rules adopted in 1975 to coordinate with the new Florida Probate Code. The revised rules incorporated suggested changes and amendments p
• Bodnar v. Bodnar
  441 F.2d 1103· 5th Cir.· 1971-04-28 ·cited 4×
  A district court can properly dismiss a case without prejudice if a plaintiff refuses to submit to a mental examination ordered to determine their competency to litigate.
• Flint v. Baker
  189 So. 2d 654· Fla. 2d DCA· 1966-09-02 ·cited 4×
  The court held that the trial court erred in denying the motion to vacate the verdict because it never acquired jurisdiction over the minor defendant due to improper service and failure to appoint a guardian ad litem.
• Hatch v. The Riggs Nat'l Bank
  361 F.2d 559· D.C. Cir.· 1966-05-20 ·cited 4×
  The court held that the doctrine of worthier title is not part of the law of trusts in the District of Columbia, and that a settlor's heirs can take as valid remaindermen.
• NEW Mexico Veterans' Serv. Comm'n v. United van Lines, Inc.
  325 F.2d 548· 10th Cir.· 1963-12-20 ·cited 4×
  A prior judgment, even if based on a flawed guardian appointment, is res judicata and bars a subsequent suit by a properly appointed guardian if the court had jurisdiction over the subject matter and parties.
• Gillis v. Cameron
  324 F.2d 419· D.C. Cir.· 1963-10-03 ·cited 4×
  A discharge as 'improved' from a mental hospital legally terminates a prior commitment order, and a patient cannot be recommitted under that order without new proceedings, even if they remain adjudicated of unsound mind.
• Fleming v. Hillsborough Cnty.
  107 So. 2d 162· Fla. 2d DCA· 1958-11-07 ·cited 4×
  Fleming sought a declaratory decree to void a tax foreclosure and recover property, claiming the trust was charitable and thus tax-exempt, and that the foreclosure judgment was void due to his incompetency during the proceedings. The court affirmed dismissal, holding that the tru
• Johnson v. The First Nat'l Bank IN Wichita Kan.
  223 F.2d 31· 10th Cir.· 1955-05-18 ·cited 4×
  The court held that the divorce decree was not void for lack of jurisdiction or extrinsic fraud, as the service by publication complied with statutory requirements and any alleged falsity in the affidavit was intrinsic to the judgment.
• Bronstein v. Roth
  64 So. 2d 272· Fla.· 1953-03-31 ·cited 4×
  The Florida Supreme Court reversed the lower court's entry of a final declaratory decree in an estate dispute, finding that defendants were improperly denied the right to file an answer and that a trial on the merits regarding whether property was conveyed as fee simple or life e
• Spencer v. Gypsy OIL Co.
  142 F.2d 935· 10th Cir.· 1944-05-22 ·cited 4×
  The court held that the prior judgment quieting title to the oil and gas lease was a valid judicial determination and a binding bar to the current action.
• In re Adoption of a Minor
  120 F.2d 720· D.C. Cir.· 1941-05-12 ·cited 4×
  The court held that the appointment of a guardian ad litem was not necessary in this adoption proceeding because the adoptee's interests were adequately represented by the adverse parties and the court's interview with the child.
• Peacock v. City of Miami
  92 Fla. 360· Fla.· 1926-07-27 ·cited 4×
  This case concerns whether a foreclosure decree entered against an absent, nonresident infant defendant is void for lack of personal jurisdiction. The Florida Supreme Court holds that the decree is void because the court failed to comply with statutory requirements for service of
• Clarke v. Knight
  84 Fla. 485· Fla.· 1922-10-24 ·cited 4×
  Sarah Clarke, an insane person represented by her next friend, challenged Andrew Knight's bill seeking confirmation of title to land conveyed to him by deed in 1918, before Clarke was adjudicated insane. The Florida Supreme Court reversed the lower court's decree confirming Knigh
• Padron v. Alysendrina Padron
  356 So. 3d 306· Fla. 3d DCA· 2023-02-08 ·cited 3×
  The appellate court granted a petition for writ of prohibition, quashing a trial court's order that sua sponte vacated a portion of a final judgment of dissolution of marriage. The court found the trial court lacked continuing jurisdiction to make such an order after the final ju
• Barrack v. Barrack
  46 Fla. L. Weekly S93· Fla. 4th DCA· 2021-06-30 ·cited 3×
  Richard Barrack appeals a post-dissolution order that temporarily modified the parenting plan by suspending his timesharing and parental authority pending completion of therapy. The appellate court agrees that the trial court impermissibly delegated its authority to reestablish p
• Haywood v. Bacon
  248 So. 3d 1254· Fla. 5th DCA· 2018-06-08 ·cited 3×
  The court held that terminating an evidentiary hearing during a party's presentation of evidence, without allowing them to complete their case, constitutes a denial of due process.
• Weissman v. Weissman
  102 So. 3d 718· Fla. 2d DCA· 2012-12-12 ·cited 3×
  The former husband sought certiorari review of an ex parte emergency order that prohibited all contact with his three minor children for ninety days following a residential treatment program in California. The appellate court granted the petition in part, quashing the ninety-day
• White v. Deana Kathleen White
  661 So. 2d 940· Fla. 5th DCA· 1995-10-20 ·cited 3×
  A father sought to disestablish his paternity based on blood test results showing zero percent probability of biological paternity. The trial court denied his motion without appointing a guardian ad litem to represent the child's interests. The appellate court reversed, holding t
• Glatthar v. Hoequist
  600 So. 2d 1205· Fla. 5th DCA· 1992-06-05 ·cited 3×
  A plenary guardian of an incapacitated ward sought access to the ward's will and codicils that the ward had previously kept confidential from her family. The court reversed an order sequestering the documents, finding a conflict of interest between the guardian's need for knowled
• State Farm Life Ins. Co. v. Gutterman
  896 F.2d 116· 5th Cir.· 1990-03-12 ·cited 3×
  The court held that the co-guardian failed to present sufficient evidence to create a material issue of fact regarding the wife's involvement in the insured's death and that the insured could not change beneficiaries as he was not the policy owner.
• Syna v. Sol Lewen and Beverly Parmet
  549 So. 2d 755· Fla. 3d DCA· 1989-10-03 ·cited 3×
  Attorneys Syna and Lachterman appealed the dismissal of their petitions and motions filed on behalf of their former client Marion Lewen to enforce a dissolution of marriage judgment. The court affirmed the dismissal, holding that the attorneys lacked standing and authority to pur
• AD HOC Comm. OF Concerned Teachers v. Greenburgh # 11 Union Free Sch. Dist. & Bd. of Educ.
  873 F.2d 25· 2d Cir.· 1989-04-17 ·cited 3×
  The court held that while the Committee lacked standing to sue on its own behalf due to no judicially cognizable injury, it had the capacity to sue as 'next friend' for the children to vindicate their constitutional right to an environment free from racially discriminatory practi
• Osborne W. Pryor v. J.R. King
  485 So. 2d 28· Fla. 1st DCA· 1986-03-18 ·cited 3×
  The court held that a convict defendant in a quiet title action has the right to a guardian ad litem, and his wife cannot represent him via power of attorney.
• Lorenz v. Lea G. Lorenz
  157 Fla. 402· Fla.· 1946-05-07 ·cited 3×
  In this protracted marital dispute, the Florida Supreme Court affirmed the lower court's decision to set aside a divorce decree obtained against an institutionalized wife, but reversed the final decree regarding the counterclaim due to improper service and procedural defects. The
• Kristopher E. Pearson v. Pearson
  332 So. 3d 53· Fla. 3d DCA· 2021-12-01 ·cited 2×
  The appellate court reviewed an order requiring psychological evaluations and the appointment of a Guardian ad Litem. The court granted the petition to quash the psychological evaluation order, finding the "in controversy" and "good cause" requirements were not met. However, the
• Izaguirre v. Sanchez
  Fla. 3d DCA· 2021-08-11 ·cited 2×
  Father appeals from a non-final order allowing minor child to relocate to Spain to reside with Mother. The trial court granted the relocation petition after an evidentiary hearing on August 20, 2020, finding relocation in the child's best interest. The court affirmed the non-fina
• A.D.A. v. D.M.F.
  204 So. 3d 523· Fla. 4th DCA· 2016-09-07 ·cited 2×
  This case involves a dispute over paternity and custody of a child born out of wedlock. The husband of the biological mother filed an Acknowledgment of Paternity, but the biological father later sought paternity testing. The court reversed and remanded to determine whether the hu
• B.W. v. Dep't of Child. & Families
  114 So. 3d 243· Fla. 5th DCA· 2013-01-18 ·cited 2×
  A mother appeals an order placing her young son with his father and closing the dependency case, after the trial court found reunification would be detrimental despite the mother's substantial compliance with her case plan. The appellate court reversed and remanded because the tr
• Marisela Otaola v. Cusano's Italian Bakery
  103 So. 3d 993· Fla. 3d DCA· 2012-12-19 ·cited 2×
  In this wrongful death case, the court reversed a trial court's dismissal with prejudice, holding that a pre-suit settlement by Allstate (the tortfeasor's primary insurer) paying its policy limits without obtaining a release from the plaintiff did not constitute a complete settle
• In re Amendments to the Florida Rules of Juvenile Procedure
  101 So. 3d 368· Fla.· 2012-10-11 ·cited 2×
  The Florida Supreme Court adopted amendments to the Florida Rules of Juvenile Procedure to align with recent legislative changes. These amendments affect rules concerning the commencement of proceedings, judicial review of dependency cases, permanency hearings, petitions, and adv
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms
  96 So. 3d 217· Fla.· 2012-05-24 ·cited 2×
  The Florida Supreme Court approved amendments to its family law forms to reflect changes made by recent legislation (2011-92 and 2010-199) regarding alimony and child support. The amendments became effective immediately, and the Court invited public comment within 60 days.
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms
  59 So. 3d 792· Fla.· 2010-12-16 ·cited 2×
  This is a Florida Supreme Court order amending the Florida Supreme Court Approved Family Law Forms, primarily updating forms to remove outdated terminology like "custody" and "visitation" in favor of modern language emphasizing "parenting plans" and "time-sharing." Three new form
• L.D. v. Fla. Dep't OF Child. & Families & Fla. Guardian ad Litem Program
  24 So. 3d 754· Fla. 3d DCA· 2009-12-30 ·cited 2×
  The court held that a trial court cannot compel visitation between a child and an unrelated individual when the child is in the custody of a fit parent.
• Berta Arrabal v. Hage
  19 So. 3d 1137· Fla. 3d DCA· 2009-10-14 ·cited 2×
  Parties may contractually waive the "substantial change in circumstance" standard for modification of child custody, and the relocation statute does not apply when the non-residential parent seeks custody.
• B.A.G. v. Dep't OF Child. & Families
  860 So. 2d 498· Fla. 1st DCA· 2003-11-22 ·cited 2×
  A father incarcerated in state prison seeks to compel visitation with his young daughter by challenging the trial court's denial of his motion for prison visitation. The appellate court denies his certiorari petition, finding no departure from the essential requirements of law in
• P.O. v. Dep't of Child. & Families
  840 So. 2d 360· Fla. 4th DCA· 2003-03-05 ·cited 2×
  Mother P.O. appealed the termination of her parental rights to her minor daughter S.S., arguing that the Department of Children and Families failed to make sufficient efforts to assist her in complying with her case plan. The Fourth District Court of Appeal affirmed the terminati
• Morgan v. Guardianship OF Ruth Turgeon
  755 So. 2d 161· Fla. 4th DCA· 2000-03-08 ·cited 2×
  The Fourth District Court of Appeal reversed attorney's fee awards for Edward Shipe, who was appointed as attorney ad litem to represent an incapacitated ward in a limited guardianship hearing. The court held that Shipe's appointment was strictly limited to the July 10, 1998 hear
• Elder v. Carter
  670 So. 2d 1032· Fla. 2d DCA· 1996-03-06 ·cited 2×
  The court held that a nonfinal order determining that a prior dissolution judgment was not res judicata on paternity does not meet the criteria for certiorari review because it does not cause irreparable harm and can be appealed after a final order.
• In the Interest of S.F.
  633 So. 2d 120· Fla. 1st DCA· 1994-03-21 ·cited 2×
• In re Guardianship OF Margaret D. Murphey v. Catholic Charities OF the Diocese OF Palm Beach, Inc.
  630 So. 2d 591· Fla. 4th DCA· 1993-10-13 ·cited 2×
  A ward in a guardianship sought relief from trial court orders that removed her court-appointed attorney and authorized her guardian to represent her in an appeal. The court quashed the order removing counsel, finding a potential conflict of interest when the guardian—who was pur
• Magula v. Gossett
  620 So. 2d 249· Fla. 4th DCA· 1993-06-23 ·cited 2×
  Michael Magula obtained an adverse summary judgment in a legal malpractice action against his former counsel because he failed to respond to requests for admission. The Fourth District Court of Appeal reversed, holding that summary judgment was improper where the incompetent adul
• Conte v. Justice
  996 F.2d 1398· 2d Cir.· 1993-06-23 ·cited 2×
  The court held that collateral estoppel barred Kenneth Conte's action due to adequate representation by his insurer, but not Laura Conte's action, as her participation as a guardian did not establish privity or control over her subsequent individual claim.
• In re The Guardianship OF Betty Wyle Tanner v. Jannis
  564 So. 2d 180· Fla. 3d DCA· 1990-06-26 ·cited 2×
  Jack Tanner appeals an order validating a postnuptial agreement with his incapacitated wife Betty, which eliminated his financial support rights and permitted sale of her residence. His stepdaughter Rita Jannis cross-appeals the denial of her claim that Tanner misappropriated fun