CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 9379, 1994 WL 531274
...e taken by a guardian. [10] III. CONFLICT OF INTEREST. Jones argues on appeal that Linda and Sun Bank, in their various objections filed to the "home plan," failed to sufficiently specify the basis for them, as is required by sections
744.367(4) and
744.3715(1)....
...[4] The calculations of hours of service spent on the "home plan" are apparently based on the affidavits and proofs filed by Jones on May 28, 1992, and by Jones' attorney in support of his petition for fees. [5] §
744.447(2), Fla. Stat. (1991); Fla.Prob.R. 5.630(b). [6] §
744.3715(1), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...the best interest of the ward. (b) Service. The petition shall be served by formal notice. (c) Hearing. The petitioner or any interested person may set the matter for hearing. Committee Notes Rule History 1991 Revision: New rule. Statutory Reference § 744.3715, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3179763
...The Ward's paternal grandfather is deceased. For reasons not material to our decision, the Guardians of the Person refused to permit the Grandmother to visit with the Ward. 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 5.705....
...dmother in this difficult and emotionally charged matter. Affirmed in part, reversed in part, and remanded. STRINGER and LaROSE, JJ., Concur. NOTES [1] After the entry of the order on appeal, the probate court entered an order determining that under section 744.3715(2), the Guardians of the Person were entitled to recover their attorney's fees and costs from the Guardian of the Property and the Grandmother....
...The probate court subsequently entered an order determining the amount of the attorney's fees and costs payable by the Guardian of the Property and the Grandmother. Although the parties have briefed and argued the question of whether the Guardians of the Person were entitled to an award of fees and costs under section 744.3715(2), this issue is not before us because no one filed a notice of appeal from either the order determining entitlement to attorney's fees and costs or the subsequent order determining the amount....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2608520
...reach majority. Under the guardianship statutory provisions, Appellees may challenge Appellants' child rearing decisions, such as where the children attend school or whether they will undergo surgery, with the court resolving any dispute. See, e.g., § 744.3715, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 950228
...The court, following an evidentiary hearing, authorized the hospital to transport Jimenez to Guatemala, and the guardian appeals that order. The guardian argues that the hospital was not an "interested party" under the statute governing participating in guardianship proceedings, section 744.3715(1)....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing. Committee Notes Rule History 1991 Revision: New rule. 2000 Revision: Subdivision (d) added to permit expedited proceedings. Statutory Reference § 744.3715, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 940659, 2014 Fla. App. LEXIS 3460
...ceeding his powers under the annual guardianship plan and is not acting in the ward’s best interest, or to petition for removal of the guardian pursuant to section
744.477, Florida Statutes (2012). 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. See §
744.3715(2), Fla....
CopyPublished | Florida 4th District Court of Appeal
...attorney’s fees under rule 1.510(h) relating to striking the father’s affidavit,
(3) the trial court erred in awarding attorney’s fees under section
744.108
relating to summary judgment, (4) the trial court erred in awarding
attorney’s fees under section
744.3715(2) relating to a petition for interim
judicial review, and (5) the trial court erred in determining the hourly rate
and amount of attorney’s fees....
...3d
DCA 2020), and Schlesinger v. Jacob,
240 So. 3d 75 (Fla. 3d DCA 2018).
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 between the father and
the older child....
...guardianship.”).
3 This determination is to section
744.108 and is without prejudice to
consideration of attorney’s fees under section
57.105, which the trial court
previously reserved jurisdiction over.
8
Section
744.3715(2), Florida Statutes (2022), states: “If the petition for
[interim judicial] review is found to be without merit, the court may assess
costs and attorney’s fees against the petitioner.” Although the trial court
did not use the...
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...PETITION FOR INTERIM JUDICIAL REVIEW (a)(d) [No Change] Committee Notes Rule History 1991 Revision: New rule. 2000 Revision: Subdivision (d) added to permit expedited proceedings. 2008 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
744.3715, Fla....
CopyPublished | Florida 4th District Court of Appeal
...and his father, because the issues raised by the guardian and the ward in
these consolidated appeals lack merit.
Our affirmance is necessarily without prejudice to the ability of either
the ward or “any interested person” to petition for judicial review pursuant
to section 744.3715(1), Florida Statutes (2016), should the circumstances
surrounding the ward’s desire to have contact with his father—as
determined by the trial court—change during the remainder of this
guardianship.
Affirmed.
CIKLIN and AR...
...he ward’s parents, the
mother petitioned and was appointed as the ward’s guardian. Then, as
guardian, she refused to allow the father to communicate or visit with the
ward. 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....
...meetings stop, move forward, or require different approaches or ideas.”
From this order, both the ward and the guardian appeal.
Both the guardian and the ward contend that the court had no
authority to order visitation between the ward and the father. However, I
find that section 744.3715 must be construed to permit the court to order
visitation when the court finds that the guardian is not allowing visitation
with family members and such visitation is desired by the ward and in the
ward’s best interests....
...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.
§ 744.3715(1), Fla....
...a divorce proceeding. Id. at 942. In granting the petition and remanding,
the court concluded, “[c]ourts may not delegate their statutory authority
to determine visitation to GALs, attorneys, or experts.” Id. (citations
omitted).
Similarly, in this case, section
744.3715 provides that where visitation
by a guardian is denied to the ward’s relatives, it is the court which must
determine visitation. Thus, the guardian’s exercise of authority over
visitation pursuant to section
744.361(13) must ultimately yield to the
court’s determination upon a petition for judicial review under section
744.3715, as is the case here....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 975, 2000 WL 126571
...Section
744.108, Florida Statutes (1995), authorizes an award of guardian and attorney’s fees, but that statute clearly is directed toward an award out of the assets of the guardianship estate and not an award against third parties. While the order under appeal references an award pursuant to section
744.3715(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)....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021
...may allege that the guardian is acting in a manner contrary to section
744.361,
Florida Statues. See ch. 2015-83, § 15 and § 18, Laws of Fla. (amending section
744.361, Florida Statutes, to add additional powers and duties of a guardian acting
on behalf of a ward, and section
744.3715, Florida Statutes, to provide that a
petition for interim judicial review may allege that the guardian is acting contrary
to any of the powers and duties outlined in section
744.361, or that the guardian is
denying visitation betw...
...Committee Notes
- 11 -
Rule History
1991 – 2008 Revisions [No Change]
2015 Revision: Subdivision (a) amended to conform to changes in sections
744.361 and
744.3715, Florida Statutes. Citation revised in committee notes.
Committee notes revised.
Statutory References
§
393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§
744.361, Fla. Stat. Powers and duties of guardian.
§
744.3715, Fla....
