CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 253
...tifarious claims by the family, some of which were *1118 incommensurate with the injuries sustained and others of which were legally unsupportable. At that point, the trial court should have appointed a guardian ad litem for Ileana, as authorized by section
744.391, Florida Statutes (1983), in order to protect her interests. See In re Estate of Verdier,
281 So.2d 543 (Fla. 2d DCA), cert. denied,
287 So.2d 97 (Fla. 1973) (interpreting section 732.54, Florida Statutes (1967), the forerunner of section
744.391, to authorize, if not direct, the appointment of a guardian ad litem when a general guardian's interests conflict with those of his ward); cf....
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...uld never be participated in or condoned by lawyers. Unless constrained by his obligation to preserve the confidence and secrets of his client, a lawyer should reveal to appropriate authorities any knowledge he may have of such improper conduct. [3] § 744.391 Fla....
...Appellants technically should have filed a new proceeding attaching the final judgment rather than a motion under Rule 1.540(b). However, this court will treat this proceeding as though it had been property filed, to avoid further delay and promote the best interests of the child. [1] §
63.172, Florida Statutes (1977). [2] §
744.391, Florida Statutes (1977)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...and the statutory requirements for terminating a guardianship. See Section
744.474, Florida Statutes (1975). In the event that a legal conflict is shown to arise between mother and children in the future, a guardian ad litem might then be appointed. Section
744.391, Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3179763
...Ward" by allowing "frequent and regular visits with the ... [G]randmother." The Grandmother promptly joined in this petition. The Guardian of the Property subsequently petitioned for the appointment of a guardian ad litem for the Ward in accordance with section 744.391 and rule 5.120....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1757211
...guardian's fees were being paid from the ward's assets. We share the probate court's concern that no one is truly representing the ward's interests when objections to fee reductions are filed and brought to hearing by the guardian. We also note that section 744.391, Florida Statutes (2005), requires the probate court to appoint a guardian ad litem to represent the interests of the ward "if the interest of the guardian is adverse to that of his or her ward." However, we recognize that appointing...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 21665
...*1077 Wagstaff's fee award, however, is another matter. Wagstaff was clearly and expressly authorized to represent Mrs. Jansen's financial interests in the federal litigation; i.e., the scope of her authority was expressly limited. This was properly done in accordance with Section 744.391, Florida Statutes (1979), which provides in pertinent part: "If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his ward, a guardian ad litem shall be appo...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 279201
...McGinnis, to me, is the better policy for at least two reasons. First, while the guardianship is in existence, so-called interested parties can petition the probate court for appointment of a guardian ad litem to represent the ward because of a conflict of interest between the guardian and the ward. See § 744.391, Fla.Stat....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1989 WL 59551
...744, Fla. Stat. (1987). The role of a guardian ad litem is to defend the interests of the individual he represents. Fla. R.P. & G.P. 5.120(a). Appointment of a guardian ad litem is mandated where the interest of the guardian is adverse to that of the ward, § 744.391, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...est with the minor as defined by section
744.446, Florida Statutes (2004). *79 If an action is brought by the guardian against the child, or vice versa, the court must appoint a guardian ad litem to represent the child in that particular proceeding. §
744.391, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 65885
...Where as here a parent sought compensation from the same settlement funds that would provide compensation for the minor, a guardian ad litem must be appointed to represent the child in the allocation proceedings. Florida Power & Light v. Macias,
507 So.2d 1113 (Fla. 3d DCA 1987), relying upon Florida Statute Section
744.391; In re: Estate of Verdier,
281 So.2d 543 (Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being *1281 substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements F.S.
731.303(5), F.S.
733.308, and F.S.
744.391, and includes some of the provisions of prior FPR 5.230....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements F.S.
731.303(5), F.S.
733.308, and F.S.
744.391, and includes some of the provisions of prior FPR 5.230....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements Resections 731.-303(5), Re
733.308, and Re
744.391, Florida Statutes, and includes some of the provisions of prior FPRrule 5.230....
...Citation form changes in committee notes. Statutory References §
731.303, Fla.Stat. Representation. §
733.308, Fla.Stat. Administrator ad li-tem. §
733.708, Fla.Stat. Compromise. §
744.301, Fla.Stat. Natural guardians. §
744.387, Fla.Stat. Settlement of claims. §
744.391, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 18762
guardian ad litem for the Ward in accordance with section
744.391 and rule 5.120. In her petition, the Guardian
CopyPublished | Florida 3rd District Court of Appeal | 1988 WL 114727
...In this case, however, as is graphically shown by the fact that even the style of this appeal does not include the guardianship, Mrs. Tanner was not herself represented. The trial court did not either appoint a guardian ad litem as is mandatorily required by section 744.391, Florida Statutes (1987) [2] ; Florida Power & Light Co....
...NOTES [*] Judge Nesbitt participated in the decision, but did not hear oral argument. [1] Barnett Bank was appointed as guardian of the property but was not authorized to and did not participate in any way in the pertinent proceedings below. [2] This provision provides in part: 744.391 Actions by and against guardian or ward....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 6246
...Absent such a conflict of interests, the trial court was not required to appoint a guardian ad litem to represent Carlos prior to approving the settlement below. Burden v. Dickman,
547 So.2d 170, 172 (Fla. 3d DCA), rev. denied,
557 So.2d 866 (Fla.1989); §
744.391, Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections
731.303(5),
733.308, and
744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230....
...2003 Revision: Committee notes revised. Statutory References §
731.303, Fla. Stat. Representation. §
733.308, Fla. Stat. Administrator ad litem. §
733.708, Fla. Stat. Compromise. §
744.301, Fla. Stat. Natural guardians. §
744.387, Fla. Stat. Settlement of claims. §
744.391, Fla....
...Likewise, the “gross amount payable” cannot be reduced to reflect the present value of the proposed settlement on behalf of the minor. Rule History 1992 Revision: New rule. 2003 Revision: Committee notes revised. Statutory References §
744.301, Fla. Stat. Natural guardians. §
744.387, Fla. Stat. Settlement of claims. §
744.391, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections
731.303(5),
733.308, and
744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230....
...§
731.303, Fla. Stat. Representation. §
733.308, Fla. Stat. Administrator ad litem. §
733.708, Fla. Stat. Compromise. §
744.3025, Fla. Stat. Claims of minors. *589 §
744.3085, Fla. Stat. Guardian advocates. §
744.387, Fla. Stat. Settlement of claims. §
744.391, Fla....
CopyPublished | Supreme Court of Florida
...Representation.
§
733.308, Fla. Stat. Administrator ad litem.
§
733.708, Fla. Stat. Compromise.
§
744.3025, Fla. Stat. Claims of minors.
§
744.3085, Fla. Stat. Guardian advocates.
§
744.387, Fla. Stat. Settlement of claims.
§
744.391, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections
731.303(5),
733.308, and
744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230....
...Statutory References §
731.303, Fla. Stat. Representation. §
733.308, Fla. Stat. Administrator ad litem. §
733.708, Fla. Stat. Compromise. -§
744.301, Fla. Stat. Natural guardians. § 744,3025, Fla. Stat. Claims of minors. §
744.387, Fla. Stat. Settlement of claims. §
744.391, Fla....
...ad li-tem if interests of minor are not otherwise adequately represented. Committee notes revised. Statutory References §
744.301, Fla. Stat. Natural guardians. §
744.3025, Fla. Stat. Claims of minors. §
744.387, Fla. Stat. Settlement of claims. §
744.391, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 5738
...an’s fees were being paid from the ward's assets. We share the probate court’s concern that no one is truly representing the ward’s interests when objections to fee reductions are filed and brought to hearing by the guardian. We also note that section 744.391, Florida Statutes (2005), requires the probate court to appoint a guardian ad litem to represent the interests of the ward “if the interest of the guardian is adverse to that of his or her ward.” However, we recognize that appoint...
