ANTWON S. BROWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Summer Jasser v. Saadeh, 97 So. 3d 241 (Fla. 4th DCA 2012)
  …a petition for incapacity is pending even though that person’is incompetent but not officially adjudicated as such. The ETG would be faced with the difficult task of recovering missing property. This case is distinguishable from Holmes v. Burchett, 766 So. 2d 387 (Fla. 2d DCA 2000). In Holmes, an ETG was appointed for the ward. Id. at 388 n. 2. The trial court refused to permit an attorney retained by the ward from participating in [*249] the incapacity proceedings even though, pursuant to section 744.331(2)…
• Sarfaty v. In re M.S., 232 So. 3d 1074 (Fla. 3d DCA 2017)
  …ber 18, 2015 — 15 days after the petition was filed, and only seven days after the circuit court’s order appointing the examining committee and court-appointed attorney was served by mail. .§ 744.331, Fla. Stat. (2016). See also Holmes v. Burchett, 766 So. 2d 387, 388 (Fla. 2d DCA 2000) (AIP presumed competent to contract and retain counsel of his or her choice unless and until it has been proven, based on clear and convincing evidence, that the AIP. is incapacitated with respect to the exercise of that righ…
• Campbell v. Campbell, 219 So. 3d 938 (Fla. 1st DCA 2017)
  …ll.1 As to the determination of a person’s capacity to contract for legal counsel, the Second District has held that “a person is presumed competent to contract unless incompetency is - established by due process of, law.” [*940] Holmes v. Burchett, 766 So. 2d 387, 388 (Fla. 2d DCA 2000) (citing Harmon v. Williams, 696 So. 2d 1139, 1142 (Fla. 2d DCA 1992), approved, 615 So. 2d 681 (Fla. 1993)). Holmes lays out the specifics of an adjudicatory hearing on a motion for substitution and the factual findings neces…

Authorities Cited

• Heggs v. State, 759 So. 2d 620 (Fla. 2000)