744.3715
Petition for interim judicial review.
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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.
History.—s. 56, ch. 89-96; s. 41, ch. 90-271; s. 1092, ch. 97-102; s. 18, ch. 2015-83.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1991–2024 · leading case: Bivins v. Rogers
Bivins v. Rogers (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 and Trust Co. v. Jones (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 Probate Rules (1991)
“Statutory Reference § 744.3715, Fla. Stat. Petition for interim judicial review.”
K.A.S. v. R.E.T. (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 PROBATE RULES (2015)
“§ 744.3715, Fla. Stat. Petition for interim judicial review.”
G.S. v. T.B. (2007)
“, § 744.3715, Fla. Stat. (2006) (“At any time, any interested person .”
In Re Amend. to Florida Probate Rules (2008)
“§ 744.3715, Fla. Stat. Petition for interim judicial review.”
TERRI FOSTER v. GUARDIANSHIP OF CAYMAN FOSTER (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 (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 (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 (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 Memorial Medical Center, Inc. (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 and Trust Co. v. Jones (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 (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 Memorial Medical Center, Inc. (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 (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 (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. (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 (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 (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 (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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