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RECENT RELEASES - FLORIDA SUPREME COURT
PROBATE RULES--AMENDMENT. Amendments to Florida Probate Rules 5.550 (Petition to Determine Incapacity) and 5.695 (Annual Guardianship Reports) were adopted and became effective immediately. Interested persons were provided sixty days within which to file Comments to the Court. VIEW OPINION (login required) RULES OF JUDICIAL ADMINISTRATION--RULES OF CRIMINAL PROCEDURE--RULES OF APPELLATE PROCEDURE--PROPOSED AMENDMENTS. The Court declined to adopt amendments proposed by three rules committees in a joint out-of-cycle report in an attempt to develop one body of comprehensive rules that classifies different types of representation and governs how attorneys appear and terminate an appearance in a case. The Court's decision was without prejudice to the filing of more individualized and refined proposals. VIEW OPINION (login required) RULES OF JUDICIAL ADMINISTRATION--AMENDMENTS. The Court adopted amendments to Rule of Judicial Administration 2.140 (Amending Rules of Court), Rule 2.510 (Foreign Attorneys), and Rule 2.516 (Service of Pleadings and Documents). The Court declined to adopt amendments that would require the Rules of Judicial Administration Committee to have a more involved role in coordinating rule proposals. VIEW OPINION (login required) GOVERNOR--REASSIGNMENT OF STATE ATTORNEY. The Florida Governor did not exceed his executive powers by reassigning the prosecution of death-penalty eligible cases in the Ninth Judicial Circuit to a state attorney for the Fifth Judicial Circuit after the state attorney for the Ninth Circuit announced her intent to implement a blanket policy of not seeking the death penalty in any eligible cases. VIEW OPINION (login required) GUARDIANSHIP--INCAPACITATED PERSONS--MARRIAGE. Where an incapacitated ward's right to contract has been removed under section 744.3215(2)(a), Florida Statutes (2016), the ward is not required to obtain court approval prior to exercising the right to marry, but court approval is necessary before such a marriage can be given legal effect. The ward's failure to obtain court approval prior to exercising the right to marry does not render the marriage void or voidable. Although any such marriage entered into without court approval is invalid, the statute does not prevent the ward or the intended spouse from seeking court approval after marrying in order to ratify the marriage. VIEW OPINION (login required) CRIMINAL LAW--SECOND-DEGREE FELONY MURDER--LESSER INCLUDED OFFENSES. Manslaughter is a necessarily lesser included offense of second-degree felony murder. The elements of manslaughter are always subsumed within the elements of second-degree felony murder because both offenses require some action by the defendant that ultimately causes the victim's death. VIEW OPINION (login required) |
