GUARDIANSHIP: INCAPACITATED PERSONS: WARD’S SISTER COULD NOT BE COMPELLED TO APPEAR THROUGH COUNSEL BECAUSE SHE WAS NOT A GUARDIAN AND HAD NOT ABUSED THE JUDICIAL PROCESS; CIVIL PROCEDURE: PRO SE LITIGANTS: PRO SE LITIGANTS ARE HELD TO THE SAME STANDARDS AS REASONABLY COMPETENT ATTORNEYS: APPEALS: CERTIORARI: APPEAL TREATED AS PETITION FOR CERTIORARI AND GRANTED

Silveira v. Quiroga, ___ So. 3d ___, 40 Fla. L. Weekly D287 (Fla 3d DCA January 28, 2015)

When the ward’s sister sought to be substituted for the public guardian, the trial court ruled that she had to appear through counsel, and the sister appealed. The appellate court treated the appeal as a petition for certiorari and granted the petition. … Click To Read Full Case Law Review...

ESTATES: PROBATE: ADVERSARY PROCEEDINGS: ATTORNEY’S FEES: FLA. R. CIV. P. 1.525 APPLIES TO ADVERSARY PROBATE PROCEEDING IF JUDGMENT WAS ENTERED BEFORE SEPTEMBER 28, 2011, THE EFFECTIVE DATE OF THE AMENDMENT TO FLA. PROB. R. 5.025(d)(2)

Finnegan v. Compton, ___ So. 3d ___, 40 Fla. L. Weekly D208 (Fla. 4th DCA January 14, 2015)

Fla. Prob. R. 5.025(d)(2) was amended on September 28, 2011. Prior to the amendment, Fla. R. Civ. P. 1.525 applied to adversary probate proceedings; after the amendment, Rule 1.525 no longer applies. In this case, judgment in an adversary probate proceeding … Click To Read Full Case Law Review...

GUARDIANSHIP: CIVIL PROCEDURE: WHEN DAUGHTER WITHDREW PETITION TO DETERMINE INCAPACITY OF HER MOTHER, THE COURT LOST JURISDICTION OVER THE CASE AND COULD NOT ADJUDICATE A SECOND MOTION TO DETERMINE INCAPACITY FILED BY A PROFESSIONAL GUARDIAN: WITHDRAWAL OF PETITION WAS EQUIVALENT TO A VOLUNTARY DISMISSAL; APPEALS: PROHIBITION: PROHIBITION LIES TO PREVENT A COURT FROM CONTINUING TO ACT AFTER IT HAS LOST JURISDICTION OVER A CASE

Katke v. Bersche, ___ So. 3d ___, 39 Fla. L. Weekly D2441 (Fla. 5th DCA November 20, 2014)

When the daughter filed a petition to determine incapacity of her mother, the court appointed the daughter as her mother’s emergency temporary guardian.  One week after her appointment, the daughter resigned.  The next day, “a professional guardian applied and was appointed … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: WRONGFUL DEATH: DUE PROCESS: APPORTIONING SETTLEMENT PROCEEDS WITHOUT A HEARING: FLA. PROB. R. 5.040

Walker v. Bailey, ___ So. 3d ___, 37 Fla. L. Weekly D1300 (Fla. 5th DCA June 1, 2012)

The mother, as personal representative of her deceased fifteen-year-old daughter, filed a medical malpractice-wrongful death case, entered into a settlement with the defendant, and filed a motion in probate court for equitable distribution of the settlement proceeds in which she requested … Click To Read Full Case Law Review...