Florida Statutes
Fla. Stat. § 744.3715 (2025)
Petition for interim judicial review.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.3715 Petition for interim judicial review.—
(1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan, is exceeding his or her authority under the guardianship plan, is acting in a manner contrary to s. 744.361, is denying visitation between the ward and his or her relatives in violation of s. 744.361(13), or is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian’s action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously.
(2) If the petition for review is found to be without merit, the court may assess costs and attorney’s fees against the petitioner.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1991–2024 · leading case: Bivins v. Rogers, 147 So. 3d 549 (Fla. 4th DCA 2014).
Bivins v. Rogers, 147 So. 3d 549 (Fla. 4th DCA 2014). “So that petitions for judicial review pursuant to section 744.3715 are not unnecessarily filed, the statute provides for the assessment of attorney’s fees if the court finds the petition is without merit.”
Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994). “[6] § 744.3715(1), Fla. Stat. (Supp. 1990). [7] See also In re Guardianship of White, 140 So.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “Statutory Reference § 744.3715, Fla. Stat. Petition for interim judicial review.”
K.A.S. v. R.E.T., 914 So. 2d 1056 (Fla. 2d DCA 2005). “In February 2004, the Guardian of the Property filed a petition for interim judicial review in accordance with section 744.3715, Florida Statutes (2003), and Florida Probate Rule 5.”
In Re Amendments to the Florida Prob. Rules, 181 So. 3d 480 (Fla. 2015). “§ 744.3715, Fla. Stat. Petition for interim judicial review.”
G.S. v. T.B., 969 So. 2d 1049 (Fla. 1st DCA 2007). “, § 744.3715, Fla. Stat. (2006) (“At any time, any interested person .”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.3715, Fla. Stat. Petition for interim judicial review.”
Terri Foster v. Guardianship of Cayman Foster (Fla. 4th DCA 2023). “In response, the father filed a petition for judicial review pursuant to section 744.3715, Florida Statutes (2016), arguing that the guardian had denied him visitation.”
Kas v. Ret, 914 So. 2d 1056 (Fla. 2d DCA 2005). “In February 2004, the Guardian of the Property filed a petition for interim judicial review in accordance with section 744.3715, Florida Statutes (2003), and Florida Probate Rule 5.”
Cosio v. Keithley, 753 So. 2d 134 (Fla. 2d DCA 2000). “3715(2), Florida Statutes (1995), that statute is inapplicable inasmuch as appellant never petitioned the court for an interim review pursuant to section 744.3715(1). Neither have any allegations or findings been made that would support an award pursuant to section 57.”
Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024). “Meanwhile, almost one year after he filed his petition to discharge and replace the guardian advocate, the father filed a petition for interim judicial review, pursuant to section 744.3715, Florida Statutes (2021), requesting that the court establish a timesharing schedule…”
Montejo v. Martin Mem'l Med. Ctr., Inc., 874 So. 2d 654 (Fla. 4th DCA 2004). “The guardian argues that the hospital was not an "interested party" under the statute governing participating in guardianship proceedings, section 744.3715(1). The hospital responds that it was interested because the hospital bills for Jimenez exceeded
— 744.3715(1) — 4 cases
Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994). “[6] § 744.3715(1), Fla. Stat. (Supp. 1990). [7] See also In re Guardianship of White, 140 So.”
Terri Foster v. Guardianship of Cayman Foster (Fla. 4th DCA 2023). “In response, the father filed a petition for judicial review pursuant to section 744.3715, Florida Statutes (2016), arguing that the guardian had denied him visitation.”
Montejo v. Martin Mem'l Med. Ctr., Inc., 874 So. 2d 654 (Fla. 4th DCA 2004). “The guardian argues that the hospital was not an "interested party" under the statute governing participating in guardianship proceedings, section 744.3715(1). The hospital responds that it was interested because the hospital bills for Jimenez exceeded
Cosio v. Keithley, 753 So. 2d 134 (Fla. 2d DCA 2000). “3715(2), Florida Statutes (1995), that statute is inapplicable inasmuch as appellant never petitioned the court for an interim review pursuant to section 744.3715(1). Neither have any allegations or findings been made that would support an award pursuant to section 57.”
— 744.3715(2) — 5 cases
Bivins v. Rogers, 147 So. 3d 549 (Fla. 4th DCA 2014). “So that petitions for judicial review pursuant to section 744.3715 are not unnecessarily filed, the statute provides for the assessment of attorney’s fees if the court finds the petition is without merit.”
K.A.S. v. R.E.T., 914 So. 2d 1056 (Fla. 2d DCA 2005). “In February 2004, the Guardian of the Property filed a petition for interim judicial review in accordance with section 744.3715, Florida Statutes (2003), and Florida Probate Rule 5.”
Cosio v. Keithley, 753 So. 2d 134 (Fla. 2d DCA 2000). “3715(2), Florida Statutes (1995), that statute is inapplicable inasmuch as appellant never petitioned the court for an interim review pursuant to section 744.3715(1). Neither have any allegations or findings been made that would support an award pursuant to section 57.”
Kas v. Ret, 914 So. 2d 1056 (Fla. 2d DCA 2005). “In February 2004, the Guardian of the Property filed a petition for interim judicial review in accordance with section 744.3715, Florida Statutes (2003), and Florida Probate Rule 5.”
Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024). “Meanwhile, almost one year after he filed his petition to discharge and replace the guardian advocate, the father filed a petition for interim judicial review, pursuant to section 744.3715, Florida Statutes (2021), requesting that the court establish a timesharing schedule…”
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