JAMES E. BARRY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kingsley v. Kingsley, 623 So. 2d 780 (Fla. 5th DCA 1993)
  …as been described as procedural, rather than jurisdictional, in character because if a minor mistakenly brings an action in his own name such defect can be cured by the subsequent appointment of a next friend or guardian ad litem. Smith v. Langford, 255 So. 2d 294, 297 (Fla. 1st DCA 1971). See also Brown v. Ripley, 119 So. 2d 712, 714-15 (Fla. 1st DCA 1960). Thus, the concept of capacity determines the procedure which a minor must invoke in order to pursue a cause of action. Section 39.461(1), Florida Statut…
• Maugeri v. Plourde, 396 So. 2d 1215 (Fla. 3d DCA 1981)
  …natural guardian in the apportionment proceedings, nonetheless, the law provides for such protection through the appointment of a guardian ad litem when the court thinks such protection is advisable. See Fla.R. Civ.P. 1.210(b) and Smith v. Langford, 255 So. 2d 294 (Fla.lst DCA 1971). The plaintiff’s first point in effect claims that there must be a proceeding under the Florida Guardianship Law, Chapter 744, Florida Statutes (1977), before there can be an approval of the settlement of a minor’s claim, where t…
• Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984)
  …s the method of service on the guardian by reference to section 48.031. The minor was never named in the instant suit much less read the process. The latter procedural deficiency would render the final judgment voidable on appeal, Smith v. Langford, 255 So. 2d 294 (Fla. 1st DCA 1971); Williams v. Richardson, 432 So. 2d 58 (Fla. 3d DCA 1983); however, here the judgment of foreclosure is void for the reasons previously indicated. Further appellant argues that since the provisions for notice and virtual represe…