Levy v. Guardianship of Levy

District Court of Appeal of Florida

Levy v. Guardianship of Levy

861 So. 2d 99, 2003 Fla. App. LEXIS 19203, 2003 WL 22956432

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 2003

DocketNo. 4D02-3240

StatusPublished

Cited by1 cases

This text of 861 So. 2d 99 (Levy v. Guardianship of Levy) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Levy v. Guardianship of Levy, 861 So. 2d 99, 2003 Fla. App. LEXIS 19203, 2003 WL 22956432 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Lisa Levy appeals the circuit court order denying her petition to be the guardian for her adult autistic son. Levy filed her petition on November 2, 2000. Section [100]*100744.309(3), Florida Statutes (2000), which was amended in 2000, applies to the petition. Contrary to the circuit court’s ruling, the provisions of that statute do not automatically preclude Levy from serving as a guardian, because her son was not a “child” within the meaning of section 39.01(12), Florida Statutes (2000) at the time of a July 1992 incident. On remand, the court shall consider the totality of the circumstances to decide whether Levy is “otherwise unsuitable to perform the duties of a guardian.” § 744.309(3), Fla. Stat. (2000).

REVERSED AND REMANDED.

WARNER, GROSS and HAZOURI, JJ., concur.

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PER CURIAM.

Lisa Levy appeals the circuit court order denying her petition to be the guardian for her adult autistic son. Levy filed her petition on November 2, 2000. Section [100]*100744.309(3), Florida Statutes (2000), which was amended in 2000, applies to the petition. Contrary to the circuit court’s ruling, the provisions of that statute do not automatically preclude Levy from serving as a guardian, because her son was not a “child” within the meaning of section 39.01(12), Florida Statutes (2000) at the time of a July 1992 incident. On remand, the court shall consider the totality of the circumstances to decide whether Levy is “otherwise unsuitable to perform the duties of a guardian.” § 744.309(3), Fla. Stat. (2000).

REVERSED AND REMANDED.

WARNER, GROSS and HAZOURI, JJ., concur.

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861 So. 2d 99, 2003 Fla. App. LEXIS 19203, 2003 WL 22956432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-guardianship-of-levy-fladistctapp-2003.

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