Legal Opinion

Guardianship of J.S.J. v. Pena

District Court of Appeal of Florida

Decided April 5, 2013No. 5D12-1113Published

1Opinion of the CourtGriffin, J.

Appellant, the Guardianship of J.S.J., appeals a post-judgment order granting Appellees’, Alejandro J. Pena, M.D., and Physicians Associates of Florida, Inc., motion to have Martha Smith, as Guardian of J.S.J., fill out Form 1.977 (Fact Information Sheet)1 in aid of execution of their judgment. On appeal, Appellant argues that the Florida Statutes do not authorize a natural guardian to incur debt or place a minor’s assets at risk, especially those under the control of a legal guardian of a minor’s property. See § 744.301, Fla. Stat. (2011). Rather, the Florida Legislature created safeguards…

2Cases cited5 opinions

  1. Kirton v. FieldsSupreme Court of Florida · 2008
  2. Brown v. RipleyDistrict Court of Appeal of Florida · 1960
  3. Poling v. City Bank & Trust Company of St. PetersburgDistrict Court of Appeal of Florida · 1966
  4. Hughes v. BunkerSupreme Court of Florida · 1954
  5. Yount v. VarnesDistrict Court of Appeal of Florida · 1997

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