Legal Opinion
Reed v. Long
District Court of Appeal of Florida
Decided April 10, 2013No. 4D11-1785PublishedCited by 3 opinions
1Opinion of the CourtConner, J.
A surcharge is an adversarial proceeding in guardianship court which allows property to be recovered from a guardian who had breached his fiduciary duty to a ward. Michelle Reed instituted a surcharge proceeding to recover a loss of consortium award obtained by Robert Long while Long pursued a medical malpractice claim on Frances Reed’s (the ward) behalf. Reed pursued surcharge on a theory that, since Long’s marriage to the ward was void, all monies obtained by Long for loss of consortium belong to the ward. Finding Reed may be able to state a cause of action, we reverse the trial court’s…
Also in this document: Concurrence.
2Cases cited11 opinions
- Gracey v. EakerSupreme Court of Florida · 2002
- Boca Burger, Inc. v. ForumSupreme Court of Florida · 2005
- Lithgow v. HamiltonSupreme Court of Florida · 1954
- Patten v. WindermanDistrict Court of Appeal of Florida · 2007
- Brown v. City of Vero BeachDistrict Court of Appeal of Florida · 2011
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora FaulDistrict Court of Appeal of Florida · 2014
- Kimberly Swoyer Brush, Esquire, as Personal Representative of the Estate of Frederick Eugene Swoyer v. Kelly DiMaria CoppelliDistrict Court of Appeal of Florida · 2025
- Maue-Kessler v. MaueUnited States Bankruptcy Court, W.D. Washington · 2019