Faulkner v. Faulkner
65 So. 3d 1167
| Fla. Dist. Ct. App. | 2011Background
- guardianship and incapacity proceeding under Florida Statutes Part V of Chapter 744 (2010) brought by Appellant's children.
- trial court appointed an emergency temporary guardian for Appellant; petition to determine incapacity was ultimately dismissed.
- trial court found the petition was filed in good faith and ordered Appellant to pay examining committee fees and the emergency guardian's fees and costs.
- Appellant timely appealed the orders challenging the fee allocation.
- issue centers on whether examining committee fees may be assessed against the petitioner when the incapacity petition is dismissed.
- during the proceedings an emergency temporary guardian retained control over Appellant’s property, making fees relate to the ward’s expenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who pays examining committee fees when petition is dismissed in good faith | Faulkner contends fees should not be charged to Appellant. | Glassman argues fee allocation fits the ward guardian framework or remains unresolved by statute. | Fees properly assessed against Appellant under 744.381(7)(b). |
Key Cases Cited
- Ehrlich v. Severson, 985 So.2d 639 (Fla. 4th DCA 2008) (recognizes gap in 744.331(7) when petition is dismissed or denied)
- Ehrlich v. Allen, 10 So.3d 1211 (Fla. 4th DCA 2009) (limits on who pays examining committee fees; fees should not be contingent on outcome)
- Levine v. Levine, 4 So.3d 730 (Fla. 5th DCA 2009) (confirms gap when petition denied in good faith; urges legislative fix)