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Florida Guardianship Litigation and Annulment of Marriages

Guardianship litigation and annulment of marriages.

On February 20, 2019, the Fourth District Court of Appeal issued a guardianship opinion in the George case. You can read it free online by going to the Fourth District Court of Appeal website and scrolling through Opinions. February 20, 2019.

Why is the George case important? Well it stands for a proposition that many would see as obvious, but not necessarily so. You can’t in many instances take inconsistent positions.

For example, on a Monday, you can’t say that somebody’s incapacitated or unable to exercise their rights, and then Tuesday try to contract or marry that person. You can’t swear to a court that somebody does not have capacity on one day, and then the very next day argue that the person does have capacity. Taking those inconsistent positions can often times get you into trouble.

Why? You can’t file frivolous or baseless claims in Florida, you can be sanctioned. To read more about this annulment of a marriage case in the guardianship context, read the George case or talk to an experienced guardianship litigation attorney.