Legal Opinion
Rothman v. Rothman
District Court of Appeal of Florida
Decided May 16, 2012No. 4D11-4197PublishedCited by 7 opinions
1Opinion of the CourtMay, C.J.
An alleged incapacitated person (AIP) petitions this court for a writ of mandamus requiring the trial court to dismiss a petition to determine his capacity. He argues the trial court must dismiss the petition because two of the three members of a committee appointed to evaluate him have twice found him capacitated. § 744.331(4), Fla. Stat. (2010). We agree and grant the petition.
The AIP’s grandson initiated the guardianship along with his siblings. Pursuant to statute, the court appointed a committee to evaluate the AIP. The first evaluations were done before the AIP temporarily moved to…
2Cases cited4 opinions
- In Re KeeneDistrict Court of Appeal of Florida · 1977
- Levine v. LevineDistrict Court of Appeal of Florida · 2009
- Faulkner v. FaulknerDistrict Court of Appeal of Florida · 2011
- Mathes v. HuelsmanDistrict Court of Appeal of Florida · 1999
3Cited by7 opinions
- Yazdzik v. ScottDistrict Court of Appeal of Florida · 2014
- Shen v. ParkesDistrict Court of Appeal of Florida · 2012
- Adam Gort and Lisa Forman v. William GortDistrict Court of Appeal of Florida · 2016
- Adam Gort and Lisa Forman v. William GortDistrict Court of Appeal of Florida · 2016
- Roland v. RolandDistrict Court of Appeal of Florida · 2013
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