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Monthly Archives:October 2019

Alexander v. Harris — So. 3d — (Fla. 2d DCA May 17, 2019)

October 24, 2019

This interesting Second District Court of Appeal opinion kept with the public policy of having a legal obligation to support a child, supporting the Florida Supreme Court’s longstanding decision of Bacardi v. White, 463 So. 2d 218 (Fla. 1985).

In Alexander, the father was the sole beneficiary of a special needs trust, established with funds from the settlement of a product liability action brought on the father’s behalf after he was catastrophically injured in a car accident as a minor….

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Wallace v. Comprehensive Personal Care Services, Inc. — So.3d — 2019 WL 260741744 (Fla. 3d DCA, June 26, 2019)

October 10, 2019

This was a somewhat lengthy opinion from the Third District Court of Appeal, including the dissenting opinion.  The trial court’s decision to, among other things, enjoin a party in a guardianship matter to attach (or even reference) the medical records of the alleged incapacitated person and also enjoin the parties (other than the alleged incapacitated person) from having ex parte communications with the court-appointed examining committee, was subject to review.

After the death of the alleged incapacitated person’s wife, Comprehensive Personal Care Services commenced a trust matter against the alleged incapacitated person (Milton), and his son Mark, regarding an irrevocable trust executed in 2011 by Milton and his late spouse. …

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