Guardian Ad Litem

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

• Herrera-Diaz v. United States
  845 F.2d 1534· 9th Cir.· 1988-05-04 ·cited 2×
  The court held that Victor's medical negligence claim accrued in 1978 when his mother knew of his injury and its cause, making the claim time-barred under the FTCA's two-year statute of limitations.
• Steph v. Scott
  840 F.2d 267· 5th Cir.· 1988-03-22 ·cited 2×
  The court held that a federal court cannot entertain a collateral attack on a state court judgment when the state court recited jurisdiction, as such recitals are binding and immune from collateral attack.
• Klugh v. United States
  818 F.2d 294· 4th Cir.· 1987-05-06 ·cited 2×
  Adult heirs who consented to condemnation are estopped from challenging title; claims of unknown or unrepresented heirs must proceed under the Quiet Title Act, subject to its limitations and remedies.
• Fla. Power & Light Co. & State of Fla. v. Ileana MacIas
  507 So. 2d 1113· Fla. 3d DCA· 1987-01-13 ·cited 2×
  Florida Power & Light Company and the Department of Transportation appealed a $2,668,000 judgment in favor of a minor injured in a car accident. The court reversed the judgment against FPL, holding that utility companies owe no duty to guard against out-of-control vehicles collid
• Hudnall v. Sellner
  800 F.2d 377· 4th Cir.· 1986-09-08 ·cited 2×
  The court held that mental incompetence is not an absolute defense to tort liability under Maryland law, and the trial court did not abuse its discretion in failing to appoint a guardian ad litem for the defendant, despite his pro se status and unusual conduct.
• Freida L. Bowman Jones v. Bowman
  479 So. 2d 772· Fla. 4th DCA· 1985-11-06 ·cited 2×
• McINTOSH v. Althouse
  472 So. 2d 1257· Fla. 4th DCA· 1985-07-03 ·cited 2×
  The court should relinquish jurisdiction to obtain an adequate record to determine if the trial court acted reasonably in its child support decision.
• Potter Palmer IV v. Mallory H. Horton Ad Litem of Gordon Palmer O'Neil and Sandra Potter O'Neil
  469 So. 2d 903· Fla. 3d DCA· 1985-05-21 ·cited 2×
  Potter Palmer IV, as next friend of two minor children beneficiaries of trusts, initiated a petition to remove the trustee John H. O'Neil, Jr. for alleged mismanagement and self-dealing. Although Palmer was replaced by an appointed guardian ad litem who continued the action, the
• Vega v. Vega
  458 So. 2d 416· Fla. 4th DCA· 1984-11-07 ·cited 2×
• Hyder Raleigh Davie v. Calton
  453 So. 2d 185· Fla. 3d DCA· 1984-07-24 ·cited 2×
  The court reversed an order denying relief from a 1969 paternity judgment against a minor appellant, holding that service of process was defective because it failed to comply with Florida's strict statutory requirements for serving minors who have never been married. The judgment
• In re Douglass v. Sepe
  421 So. 2d 27· Fla. 3d DCA· 1982-10-19 ·cited 2×
  The Florida District Court of Appeal reversed the trial court's adjudication of physical incompetency for Anthony C. Sepe on the narrow ground that while the court properly found him physically incompetent, it erred in failing to appoint a mandatory guardian of the person. The co
• The Fla. Bar. in re Amendment to the Fla. Rules of Juv. Procedure
  418 So. 2d 1004· Fla.· 1982-08-31 ·cited 2×
  The Florida Supreme Court adopted amendments to Rules 8.170 and 8.300 of the Florida Rules of Juvenile Procedure governing procedures for determining a child's competency to proceed in delinquency cases and the appointment and duties of guardians ad litem in juvenile proceedings.
• Haas v. Pittsburgh Nat'l Bank
  627 F.2d 677· 3d Cir.· 1980-08-21 ·cited 2×
  A district judge did not abuse discretion by recusing himself when his continued involvement would create an appearance of unfairness, even if allegations of improper conduct are denied.
• Maher v. Charles B. Murray ad litem for Alice Hull O'Donnell
  275 F.2d 12· D.C. Cir.· 1960-02-04 ·cited 2×
  The court held that authorizing a guardian ad litem to bring suit on an ante-nuptial agreement was an abuse of discretion, violating principles of comity.
• Stewart v. Ferer
  163 F.2d 183· 10th Cir.· 1947-07-28 ·cited 2×
  The denial of the motion to remand was not an error requiring reversal because the removal of the case by a minor defendant without a guardian ad litem was a curable irregularity, not a jurisdictional defect.
• Alvord v. Smith
  94 Fla. 994· Fla.· 1927-12-03 ·cited 2×
  This case involves a quiet title action based on a tax deed. The appellate court reversed the lower court's decree quieting title, finding the proceedings flawed and citing previous relevant decisions.
• The Am. Tr. Co. v. Fennell
  78 Fla. 535· Fla.· 1919-12-08 ·cited 2×
  The Florida Supreme Court reversed a decree removing clouds on title to land, holding that the complainant failed to clearly establish the validity of his own title through tax deed and special master's deed, as required in cloud removal suits.
• Bonny Snyder and Mark Johnson v. Davis
  426 So. 3d 882· Fla. 4th DCA· 2025-12-10 ·cited 1×
  The co-guardians were the prevailing party entitled to recover attorney's fees because they succeeded on five of six substantive issues and achieved their primary litigation objectives, while the husband's limited success on a single narrow issue regarding weekend visitation-day
• Daneisis Lopez v. Perez
  221 So. 3d 1204· Fla. 3d DCA· 2016-11-02 ·cited 1×
  Lopez appeals from three trial court orders in a child custody matter: granting an emergency injunction preventing removal of a minor child, denying her motion to dissolve that injunction, and appointing a guardian ad litem/attorney for the child. The appellate court affirmed the
• Latasha Fulton Allen and Travis Allen v. Montalvan
  201 So. 3d 705· Fla. 4th DCA· 2016-08-31 ·cited 1×
  The Fourth District Court of Appeal reversed a trial court's enforcement of a settlement agreement in an automobile accident case involving minor children. The court held that the settlement was invalid because it failed to comply with Florida Statutes section 744.3025(1)(b), whi
• In re Est. OF Walter J. Koshuba v. Mary A. Byrski ad Litem for the heirs of Walter J. Koshuba
  993 So. 2d 983· Fla. 2d DCA· 2007-10-10 ·cited 1×
  The court held that Zilewicz's prior filings in the probate proceeding were substantially sufficient to constitute a timely filed claim against the estate, despite defects in form.
• Dep't OF Child. & Families v. S.T.
  963 So. 2d 314· Fla. 4th DCA· 2007-08-15 ·cited 1×
  The Florida Fourth District Court of Appeal denied a petition for certiorari seeking to review a nonfinal order granting a mother's motion for reunification of her two dependent children. The court found that certiorari was inappropriate because the petitioners failed to demonstr
• Scannavino v. Fla. Dep't of Corr.
  184 F. Supp. 124· M.D. Fla.· 2007-04-30 ·cited 1×
  The court found the plaintiff mentally incompetent to understand the litigation and appointed a guardian ad litem to protect her interests.
• Arce v. Maher Guiley & Maher, P.A.
  936 So. 2d 682· Fla. 5th DCA· 2006-07-28 ·cited 1×
  The petitioners sought certiorari review of orders appointing a guardian ad litem and denying their motion for rehearing. The court denied the certiorari petition as untimely if the underlying order was non-final, while preserving their right to challenge the orders through direc
• In re Guardianship OF Theresa Marie Schiavo v. Schiavo
  916 So. 2d 814· Fla. 2d DCA· 2003-10-21 ·cited 1×
  The Schindlers appealed the trial court's denial of their motion for relief from judgment in the Terri Schiavo guardianship case. The appellate court affirmed the trial court's February 2000 judgment authorizing removal of life-sustaining nutrition and hydration based on clear an
• Harris v. Falina Claire Harris
  753 So. 2d 774· Fla. 5th DCA· 2000-03-24 ·cited 1×
  A former husband challenges a trial court order voiding his visitation rights to a child he raised, which were granted in a settlement agreement to a dissolution of marriage. The appellate court vacates the summary judgment, holding that Florida law deems the child to be the legi
• Bankers Tr. Co. OF Cal., N.A. v. Weidner
  688 So. 2d 453· Fla. 5th DCA· 1997-02-28 ·cited 1×
  Bankers Trust obtained a valid foreclosure judgment, but the trial court indefinitely stayed the sale after the mortgagor's death to allow the appointed guardian to explore preserving the minor child's assets; the appellate court reversed, holding that an indefinite stay without
• Fla. Dep't of Health & Rehabilitative Servs. v. Johnson
  655 So. 2d 1240· Fla. 1st DCA· 1995-05-25 ·cited 1×
  The trial court erred in ordering the Department of Health and Rehabilitative Services (HRS) to retain private counsel for a patient in a civil suit.
• Kollsman v. Cohen
  996 F.2d 702· 4th Cir.· 1993-06-18 ·cited 1×
  The fees and expenses of an attorney acting in the dual role of attorney and guardian ad litem cannot be assessed against an opposing party.
• In the Interest of J.D.
  510 So. 2d 623· Fla. 1st DCA· 1987-06-30 ·cited 1×
  A Florida appellate court reversed a trial court's order retaining dependency jurisdiction over a child based solely on disputes over her educational placement in an exceptional education program. The court held that educational placement decisions are governed by federal and sta
• Smith v. Langford
  255 So. 2d 294· Fla. 1st DCA· 1971-12-09 ·cited 1×
  A minor plaintiff brought a paternity action without a guardian ad litem or next friend, and the trial court dismissed for lack of jurisdiction. The appellate court reversed, holding that the failure to appoint a legal representative for a minor is a procedural defect, not a juri
• J.F. v. Dep't of Child. & Families
  Fla. 3d DCA· 2026-10-08
  The circuit court's order in the dependency proceeding was affirmed on appeal.
• In re Amendments to Florida Probate Rules
  Fla.· 2026-06-25
  The Court amended forty-one Florida Probate Rules to update references to Rules of General Practice and Judicial Administration 2.516, 2.525, and 2.420 to reflect their current titles, and made conforming grammatical changes throughout the rules. The amendments updated rule refer
• D.C.D. v. Dep't of Child. & Families & the Guardian ad Litem.
  Fla. 1st DCA· 2026-05-11
  The petition for writ of certiorari was denied.
• S.L.B.S. v. D.D.
  Fla. 1st DCA· 2026-05-11
  The appeal was dismissed.
• Tirza Diaz De Villegas v. Ulysses Diaz De Villegas
  Fla. 3d DCA· 2026-03-31
  The trial court's award of full parental responsibility and time-sharing to the father, with limited therapeutic supervised visits for the mother, is affirmed under the deferential abuse of discretion standard, and the mother's motion for a written opinion is denied as a duplicat
• Ash v. Hyman Ash
  Fla. 3d DCA· 2026-03-18
  Patricia Ash, successor guardian and mother of a deceased ward, appealed orders denying her standing to participate in guardianship winding-up proceedings and object to the guardian's discharge. The Third District Court of Appeal reversed, holding that Patricia had standing based
• Ash v. Hyman Ash
  Fla. 3d DCA· 2026-03-18
  Patricia Ash, successor guardian and mother of a deceased ward, appealed orders denying her standing to object to the guardian of the property's final accounting and discharge. The Third District Court of Appeal reversed, holding that Patricia had standing as an interested person
• Pryor v. Carnival Corp.
  S.D. Fla.· 2025-10-14
  The court recommended granting the motion to allow parties to consummate their settlement, as neither federal procedural rules nor maritime law require court approval or a guardian ad litem when a minor's parent, with aligned interests, represents them in a maritime claim.
• S.W. v. Wanabana LLC
  S.D. Fla.· 2025-09-26
  The court recommended approval of the settlement for the minor's claims, finding it fair, reasonable, and in the child's best interest.
• Mesa Underwriters Specialty Ins. Co. v. Performance Custom Carts & Tires LLC
  M.D. Fla.· 2024-12-16
  The court held that the plaintiff's complaint failed to adequately allege subject matter jurisdiction, specifically diversity jurisdiction, and therefore dismissed the complaint without prejudice.
• Glover v. Marini
  M.D. Fla.· 2024-12-10
  The court held that a guardian ad litem must be appointed for an unrepresented incompetent person upon verifiable evidence of incompetence.
• Ginsberg
  Del.· 2024-10-29
  The Delaware Supreme Court held that the Delaware Insurance Code provisions regarding uninsured/underinsured motorist coverage for multiple vehicles in the same household are enabling, not prohibitory. The court further held that where policy provisions conflict, creating ambigui
• Rodriguez v. GEICO Gen. Ins. Co.
  M.D. Fla.· 2024-10-24
  The court recommended granting the unopposed motion to approve a settlement agreement for minors, finding it to be in their best interest.
• The Sch. Bd. of St. John's Cnty. v. C.L.
  M.D. Fla.· 2024-05-30
  The court denied the defendant's motions to dismiss, finding that the plaintiff stated a claim for relief under the IDEA and that personal jurisdiction was established.
• Desbrunes v. US Bank Nat'l Ass'n
  Fla. 4th DCA· 2024-02-14
  Failure to substitute the proper legal representative of a deceased party's estate pursuant to Florida Rule of Civil Procedure 1.260(a) nullifies all subsequent proceedings, including a final judgment of foreclosure.
• AH v. Collegiate Prep Realty, LLC
  M.D. Fla.· 2024-02-09
  The court granted the joint motion for approval of a confidential minor settlement agreement, finding the terms fair, adequate, and reasonable for the minor's best interests.
• Green v. Polukoff
  Fla. 4th DCA· 2024-01-17
  A motion requesting the trial court appoint representatives to represent a deceased defendant's interests, filed within 90 days of the suggestion of death and citing rule 1.260(a)(1), constitutes a timely motion for substitution under Florida Rule of Civil Procedure 1.260(a)(1),
• K.N. and D.N. v. Dep't of Child. & Families
  Fla. 3d DCA· 2023-04-12
  Florida Rule of Civil Procedure 1.230 does not apply in juvenile dependency proceedings to determine party status for intervention.
• In re Riviera Resources
  Del. Ch.· 2023-03-20
  The Court of Chancery held that the petitioner, Riviera Resources, Inc., had not met its burden of proof regarding the amount and form of security for unknown claims. The court decided to hold in abeyance the determination of the reserve amount and to appoint a guardian ad litem