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995 F.2d 595·
5th Cir.·
1993-07-07
The district court lacked jurisdiction to grant injunctive relief against state court judicial officers for actions taken in their judicial capacity, as this constituted a prohibited collateral attack on state court judgments.
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618 So. 2d 331·
Fla. 5th DCA·
1993-05-14
HRS appealed the adjudication of a child as a child in need of services based on habitual truancy, arguing that only HRS could initiate such proceedings. The Florida Court of Appeal affirmed, holding that school boards retain statutory authority to file habitually truant petition
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609 So. 2d 634·
Fla. 4th DCA·
1992-09-16
Donna Steiner Koblitz appealed a non-final trial court order approving a general master's report in a custody dispute with her ex-spouse Craig Koblitz. The appellate court reversed due to procedural due process violations in the general master hearing and remanded with comprehens
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596 So. 2d 1139·
Fla. 2d DCA·
1992-03-18
An election of a widow's statutory elective share is a personal right that must be exercised by the surviving spouse (if competent) or a guardian of the property, not by her attorney, and a notice of intention to petition for an elective share, even if signed by the widow, does n
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957 F.2d 50·
2d Cir.·
1992-02-19
The court held that while a federal question was raised regarding due process, the plaintiff failed to state a claim for the appointment of a guardian ad litem in deportation proceedings.
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934 F.2d 1460·
11th Cir.·
1991-06-17
The Eleventh Circuit held that the Georgia Parental Notification Act's notification requirements and judicial bypass procedure do not unduly burden a minor's right to an abortion and survive constitutional scrutiny.
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Del. Ch.·
1991-04-29
The Delaware court stayed a declaratory judgment action filed by a trustee seeking to prevent discovery of trust information. The court found that a prior wrongful death action filed in Florida, involving the same parties and issues concerning discovery of the trust's financial i
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574 So. 2d 160·
Fla. 5th DCA·
1990-12-13
HRS appealed an order requiring it to pay attorney's fees for Ronald Cole's representation of the Guardian Ad Litem Program in a child dependency case. The court reversed, holding that HRS has no obligation to pay the fees of counsel for the Guardian Ad Litem Program because HRS
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916 F.2d 1032·
5th Cir.·
1990-11-08
The court held that the district court erred by declaring the plaintiff incompetent and appointing a guardian ad litem without affording him a due process hearing. The law of the litigant's domicile determines competence to sue, but federal procedures can be used for the determin
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566 So. 2d 363·
Fla. 4th DCA·
1990-09-05
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559 So. 2d 622·
Fla. 3d DCA·
1990-02-13
A.A., a non-custodial parent, appealed the dismissal of a complaint seeking relief for expenses incurred in supporting his children and asserting claims on behalf of the children. The court affirmed the dismissal, holding that only the parent with primary residential custody has
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549 So. 2d 663·
Fla.·
1989-09-29
The Court approves and adopts the new Florida Rules of Juvenile Procedure 8.880-8.887, governing procedures for the appointment of guardian advocates for drug-dependent newborns.
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882 F.2d 119·
4th Cir.·
1989-08-15
The court held that the plaintiff had standing to sue under the E.H.A. because she was a creditor beneficiary of the insurance policy, and her claim was not time-barred due to tolling provisions for minority and incompetency.
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876 F.2d 780·
9th Cir.·
1989-06-05
The court held that the Federal Tort Claims Act statute of limitations cannot be tolled for a minor plaintiff whose parent, despite alleged abandonment, had a duty and knowledge to file a claim within the statutory period.
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530 So. 2d 1034·
Fla. 4th DCA·
1988-08-31
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519 So. 2d 6·
Fla. 3d DCA·
1987-08-18
The appointment of a guardian ad litem to facilitate visitation was proper, but the sua sponte appointment of a new psychiatrist to examine the children was an error.
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467 So. 2d 407·
Fla. 4th DCA·
1985-04-03
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458 So. 2d 1071·
Fla.·
1984-09-06
Attorney David Cerf was disciplined for filing scandalous and impertinent pleadings in appellate proceedings that made false and unsubstantiated accusations of political corruption and bribery against Judge Jon Gordon. The Florida Supreme Court approved the circuit judge's recomm
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689 F.2d 1067·
D.C. Cir.·
1982-08-20
The court held that the district court's denial of unconditional release requests was supported by ample evidence, as Snyder had been civilly committed with full statutory safeguards and remained mentally ill and dangerous.
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312 Mass. 384·
M.D. Fla.·
1980-12-29
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374 So. 2d 586·
Fla. 4th DCA·
1979-08-08
An incarcerated woman sought an injunction to keep her newborn child with her in prison for 18 months under Florida Statute 944.24. The trial court granted the injunction based on its interpretation that the statute gave the mother sole discretion over the child's placement. The
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604 F.2d 281·
4th Cir.·
1979-07-27
The court held that filing a lawsuit as a "next friend" in another state does not, under North Carolina law, constitute the appointment of a guardian ad litem sufficient to start the statute of limitations running against the infant's claim in North Carolina. The court also held
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372 So. 2d 538·
Fla. 4th DCA·
1979-06-29
The appellate court reversed a contempt order and paternity judgment because the trial court failed to appoint a guardian ad litem for the minor, as required by rule. This procedural defect rendered the original judgment voidable.
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46 Fla. Supp. 120·
Broward Cty. Cir. Ct.·
1977-09-01
A Florida circuit court granted a hospital's petition to order life-saving blood transfusions for a Jehovah's Witness pregnant patient and her unborn child, overriding the family's religious objections based on the state's parens patriae authority and the child's right to protect
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324 So. 2d 164·
Fla. 2d DCA·
1975-12-19
A husband sought dissolution of marriage on grounds that the marriage was irretrievably broken, but the trial court indefinitely postponed the final hearing because the wife was hospitalized with psychiatric issues and unable to participate in trial or consult with counsel. The a
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41 Fla. Supp. 69·
St. Lucie Cty. Cir. Ct.·
1974-08-28
A trustee sought declaratory judgment on whether a trust amendment permitting principal distributions violated the trust's ten-year duration restriction and required consent of all beneficiaries, including contingent ones. The court held that Amendment No. 1 was invalid because c
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271 So. 2d 97·
Fla.·
1972-12-13
This is a per curiam order from the Florida Supreme Court adopting comprehensive amendments to the Rules of Probate and Guardianship Procedure, effective February 1, 1973. The amendments primarily reflect the constitutional transfer of probate and guardianship jurisdiction from c
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259 So. 2d 760·
Fla. 3d DCA·
1971-11-02
Marie Thornton appeals a trial court determination that her deceased husband's 2.64-acre property in unincorporated Dade County was homestead property rather than commercial property. The appellate court affirms, holding that the property qualified as homestead and that rural pro
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429 F.2d 642·
4th Cir.·
1970-07-16
Federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings, and habeas corpus is the proper remedy for post-conviction relief, not declaratory judgment.
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33 Fla. Supp. 158·
Dade Cty. J. Ct.·
1970-02-27
A Florida probate court determines that illegitimate half-siblings of a deceased woman are entitled to inherit from her intestate estate, holding that Florida's statute restricting inheritance by illegitimates violates the Equal Protection Clause of the Fourteenth Amendment as in
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412 F.2d 155·
D.C. Cir.·
1969-02-04
The court held that while the initial appointment of a conservator was proper based on remaining assets, the case must be remanded to determine the actual size of the estate and the benefits conferred by the conservator's services before final compensation can be awarded.
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25 Fla. Supp. 44·
Sarasota Cty. Cir. Ct.·
1965-03-30
A Florida court authorized invasion of trust principal to provide emergency relief to the residuary beneficiary, who faced destitute circumstances following a serious automobile accident that incapacitated her from earning income. The court found this constituted an extreme emerg
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323 F.2d 621·
D.C. Cir.·
1963-09-19
The right of a surviving incompetent widow to renounce her husband's will does not continue beyond her own death.
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314 F.2d 434·
5th Cir.·
1963-03-14
The court held that the trial court did not err in denying the motion to vacate the sentence, as the appellant was mentally competent at the time of his plea and conviction.
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299 F.2d 933·
D.C. Cir.·
1962-03-01
The court held that the appellant was not prejudiced by the proceedings, even though she conducted her own defense, because her mental incompetence was clearly established and her procedural rights were protected.
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130 So. 2d 887·
Fla. 3d DCA·
1961-06-08
A suit for annulment of marriage of an adult may not be maintained by an alleged next friend.
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266 F.2d 394·
9th Cir.·
1958-12-16
The court held that there was no final judgment from which an appeal could be taken due to numerous procedural errors and the failure to address all parties, including the United States.
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256 F.2d 159·
9th Cir.·
1958-06-09
The appeal is dismissed in its entirety for failure to comply with Rule 54(b) of the Federal Rules of Civil Procedure.
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218 F.2d 586·
9th Cir.·
1955-01-05
The court held that the trial court did not err in its evidentiary rulings or in its findings regarding citizenship.
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197 F.2d 963·
9th Cir.·
1952-06-09
The court held that guardianship proceedings are not 'suits at common law' under the Seventh Amendment, and thus do not require a jury trial. Furthermore, the court found no denial of due process in the statutory construction or procedural rulings of the lower courts.
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188 F.2d 837·
9th Cir.·
1951-05-09
The court held that a minor not properly served with process cannot be made a party to a foreclosure action, and a nunc pro tunc order appointing a guardian ad litem does not cure the lack of jurisdiction. The court also held that a personal judgment against a party who undertook
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146 F.2d 25·
5th Cir.·
1944-12-18
The court held that the case must be reversed and reopened due to unclear stipulations and conflicting judgments regarding interest on just compensation.
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123 F.2d 335·
5th Cir.·
1941-11-06
The court held that a judgment rendered by a court that had not acquired personal jurisdiction over the defendant is void.
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133 Fla. 383·
Fla.·
1938-07-08
The Florida Supreme Court affirmed a decree construing the Last Will and Testament of E. L. Wartmann with codicil. The case addressed how estate income should be distributed after the death of the testator's widow and whether the homestead property was subject to testamentary dis
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96 Fla. 873·
Fla.·
1928-07-19
The Florida Supreme Court affirmed a judgment against Archer Shepard in a bastardy proceeding. The court held that notice to the minor's mother and legal guardian was sufficient, even without a formal guardian ad litem appointment, because she participated in the defense.
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5 Fla. 261·
Fla.·
1853-01-01
A free man of color sued on a promissory note in Justice's Court challenged the Circuit Court's refusal to allow him to interpose a plea denying execution of the note on appeal. The Florida Supreme Court held that appellants in appeals from Justice's Court are entitled to new tri