A February 3, 2016 4th District Court of Appeal opinion in the case of Gort v. Gort, 4D14-3830, provides Florida GuardianshipLawyers with insight into a final summary judgment order and an order on attorneys fees. (Note: picture above courtesy of www.freeimages.com and are actors and do not depict the parties) Here is a copy of the 4th DCA guardianship opinion: http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf
Can You Win a Guardianship Florida on Summary Judgment?
- What is a motion for summary judgment in a Florida guardianship?
- Well, summary judgment may be appropriate if there are no disputed issues of material fact and the moving party is entitled to judgment, to win, ” as a matter of law.”
- Affidavits may be filed in support or in opposition
- Generally, no evidence is taken at the hearing
- Do the probate rules apply or do the rules of civil procedure apply in Florida guardianships?
- Well a summary judgment motion is from the Florida Rules of Civil Procedure, but how do the Probate Rules work with the rules of civil procedure?
Brother Files for Guardianship in Palm Beach Gardens
- A brother filed for guardianship over his brother in Palm Beach Gardens
- The alleged incapacitated person, the petitioner’s brother, opposed the guardianship, as did a cousin
- All 3 members of the Palm Beach examining committee found that the brother wasincapacitated and lacked capacity to contract
- The brother, the alleged incapacitated person, fought this, and argued that he was not incapacitated. He wanted to be able to exercise all his rights.
- The probate court on PGA, in Palm Beach Gardens, ordered everyone to go to a guardianship mediation Florida
- A settlement agreement was signed at the mediation and it was filed with the court
- The guardianship Florida petition was to be dismissed and information about the brother’s money, finances, health and medical condition were to be disclosed or shared in the future
- Over one year later, the petitioner brother filed a lawsuit in the guardianship division of the Palm Beach courts for declaratory relief; seeking a declaration that the guardianship settlement agreement was valid
- The brother who was alleged to need a guardian Florida, opposed the action for declaratory relief, arguing that the guardianship settlement agreement was not valid.
- He wanted the settlement agreement declared invalid and unenforceable
- Do you know how to set aside a probate settlement agreement one year after you sign it? A lot of Florida probate lawyers know that there have been new, recent appellate cases about people who sign a settlement agreement and then try to get out of it
- Can a guardianship petition be dismissed without a hearing on the capacity or competency of the one who is believed to need a guardian? Gort says “yes”
- A guardianship appeals lawyer Florida would also tell you that once a petition is dismissed, the probate court may lack jurisdiction to handle any further matters. BUT, there can be exceptions. Read Jasser v. Saadeh, 97 So. 3d 241 (Fla. 4th DCA 2012)
