CopyCited 34 times | Published | Supreme Court of Florida | 2000 WL 1707159
...David R. May, "as personal representative of the Estate of Oscar T. Bradley, deceased." On May 20, 1992, five days after filing the wrongful death/personal injury action, Mr. Prockup filed a "Petition for Appointment of Administrator Ad Litem" pursuant to section 733.308, Florida Statutes (1991), and Florida Probate Rule 5.120(a), in the probate division of the Circuit Court in and for Escambia County, Florida (the probate court)....
...The record does not indicate the exact date on which Mr. Prockup filed his request for notice, but the record does show that in August 1993, the circuit court furnished a copy of the request to an attorney for one of the co-personal representatives. [5] Section 733.308, Florida Statutes (1999), and Florida Probate Rule 5.120 seemingly contemplate that, in general, an administrator ad litem functions in a probate proceeding where no personal representative has been appointed or where the representative has a claim adverse to the estate....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1992 WL 379848
...However, section
731.201(25) provides: "Personal representative" means the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator cum testamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor. Section
733.308 provides the circumstances where a court must appoint an administrator ad litem: When it is necessary that an estate be represented and there is no personal representative of the estate, the court shall appoint an administrator ad litem without bond for that particular proceeding....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
interests of the plaintiffs action. Fla.Stat. §
733.308. While the parties dispute the applicability of
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 154776
...ministration of the estate, causes a waste of assets, or meets any of the conditions specified in the statute. Pontrello v. Estate of Kepler,
528 So.2d 441 (Fla. 2d DCA 1988). The court also could have appointed an administrator ad litem pursuant to Section
733.308, Florida Statutes (1989)....
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....
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....
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....
...1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section
731.303(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References §
731.303, Fla.Stat. Representation. §
733.308, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7894
...ministration of the estate, causes a waste of assets, or meets any of the conditions specified in the statute. Pontrello v. Estate of Kepler,
528 So.2d 441 (Fla. 2d DCA 1988). The court also could have appointed an administrator ad litem pursuant to Section
733.308, Florida Statutes (1989)....
CopyPublished | Florida 4th District Court of Appeal
...Law did not create a Florida civil cause of action. We conclude this too
was error.
Appellant filed suit as the administrator ad litem of the decedent’s
estate for the purpose of filing claims on the estate’s behalf against the
widow and second son. See § 733.308, Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21578
...Receiving a negative response, Spicola urged Boggs to let him know promptly if a claim should be filed. Boggs advised Spicola that if Constance did file a claim against the estate the probate court would be required to appoint an administrator ad litem under section 733.308, Florida Statutes, and probate rule 5.120, and the time for objecting to the claim would be tolled until the court did so....
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....
...1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.308(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References §
731.303, Fla. Stat. Representation. §
733.308, 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....
...2008 Revision: Subdivisions (a), (b), (c), and (d) amended to include persons with a developmental disability. Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
731.303, Fla. Stat. Representation. §
733.308, Fla....
CopyPublished | District Court, M.D. Florida | 1977 U.S. Dist. LEXIS 17709
...Berger,
209 So.2d 681 (3d D.C.A.Fla.1968); In re Estate of Herlan,
209 So.2d 225, 226-27 (Fla.1968), Edmonson v. Frank J. Rooney, Inc.,
171 So.2d 566 (3d D.C.A.Fla.1965). That statute, however, has been revised by the new Florida Probate Code, and is now Fla.Stat. *773 Section
733.308, 2 which requires the appointment of an administrator ad litem (1) when it is necessary that the interests of the estate be represented, and (2) when there is no personal representative of the estate....
...and said proceeding shall then be further maintained, faithfully, and said proceeding shall then be further maintained, prosecuted or defended, insofar as said estate is concerned, by said administrator ad litem and in his name as such. . Fla.Stat. § 733.308 (Supp.1974) provides: When it is necessary that an estate be represented and there is no personal representative of the estate the court shall appoint an administrator ad litem without bond for that particular proceeding....
CopyPublished | Supreme Court of Florida
...Committee notes revised.
2020 Revision: Committee notes revised. Citation form changes in
committee notes.
Statutory References
§
393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§
731.303, Fla. Stat. Representation.
§
733.308, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 205, 2003 WL 118280
...1 Because the probate judge was faced with a decedent with assets and potential claims but no personal representative, the probate court was required to take certain steps to protect the decedent’s assets. These steps could include the appointment of an administrator ad litem or a curator. See § 733.308, 501, Fla....
...We therefore affirm the probate court’s order suspending the letters of guardianship. On remand, we direct the probate court to clarify that the attorney ad litem appointed by the court to garner Ms. Jensen’s assets shall act as an administrator ad litem or curator pursuant to sections
733.308 and
733.501....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 838, 1991 WL 11718
...rse. See Edmonson v. Frank J. Rooney, Inc.,
171 So.2d 566 (Fla. 3d DCA 1965) (adverse interest renders appointment of administrator ad litem jurisdictionally required even though not requested; judgment obtained in absence of such appointment void); §
733.308, Fla.Stat....
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....
...3(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References §
731.303, Fla. Stat. Representation. §
733.308, Fla....
