Showing posts from February, 2016

Gort v. Gort

Gort v. Gort , --- So.3d --- (Fla. 4th DCA 2016) In this decision, the Court considered, among other things, whether a petition to determine incapacity may be voluntarily dismissed.  The statutes governing guardianship do not expressly address this issue.  The statute states that once a petition is filed, the court shall set  the matter for hearing within certain time constraints.  F.S. 744.331.  It also states that a court shall dismiss  a petition if the examining committee members conclude the person is not incapacitated.  But the Court found that the statute is silent on whether a court is required to hold an adjudicatory hearing every time a petition is filed, and is silent on whether a party may voluntarily dismiss a petition to determine incapacity. The Court found that the Jasser v. Saadeh  decision, 97 So.3d 241 (Fla. 4th DCA 2012) was distinguishable from this case.  In Jasser , the court distinguished a voluntary dismissal from an agreed settlement and mutual dismi