MIGUEL ARMANDO JUNCO AND HERMINIA JUNCO, APPELLANTS,
v.
GUILLERMO SUAREZ-SOLIS, AS SOLE GUARDIAN OF THE PROPERTY AND CO-GUARDIAN OF THE PERSON OF MIGUEL ANGEL JUNCO, INCOMPETENT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A Florida court lacked jurisdiction to appoint a maternal grandfather as guardian of a minor child who was not domiciled in Florida and had no property there, despite the child being temporarily present in the state following a plane crash. The appellate court reversed the guardianship appointment and remanded with directions to deny the petition.
The court lacked jurisdiction because the minor was not domiciled in or a resident of Florida, and therefore the appointment of the maternal grandfather as co-guardian of the person and sole guardian of the property was erroneous. No useful purpose would be served by appointing a guardian over property the minor did not have in Florida, especially where a lawsuit regarding injuries and wrongful death had already been filed in New York.
[1] A court lacks jurisdiction over the guardianship of a minor if the minor is not domiciled in or a resident of the state.
[2] A court errs in appointing a guardian for a minor's person when the minor is not a resident of the state.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is well established that a court lacks jurisdiction over the guardianship of a minor where the minor is not domiciled in or a resident of the state.”
Establishes the foundational jurisdictional rule that determines the court lacks authority over the guardianship
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMiguel Angel Junco, an 11-month-old minor, was orphaned when his parents' plane crashed in the Everglades on December 29, 1972. Miguel was hospitalize…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Guardianship Petition cases and more on FLexlaw
PER CURIAM.
Appellant-respondents seek review of an order appointing petitioner sole guardian of" the property and co-guardian of the person of Miguel Angel Junco, a minor incompetent.
On December 29, 1972, Miguel Junco, a minor of 11 months of age, was accompanying his parents, New York residents, on a flight from New York to Miami to visit his maternal grandparents when their plane crashed in the Everglades. As a result thereof, Miguel became orphaned and having sustained serious injuries was hospitalized. A day or two after Miguel’s release from the hospital, Miguel’s maternal grandfather, Guillermo Suarez-Solis, petitioner-appellee herein, on January S, 1973 filed in the circuit court a petition praying that he be appointed guardian of the minor. That evening Miguel was taken home to New York by his paternal grandmother and paternal aunt with whom he and his deceased parents had resided previous to the accident. Miguel’s paternal grandparents, appellant-respondents herein, filed objections and defenses to the guardianship petition of appellee. On January IS, 1973 Miguel’s paternal aunt was appointed guardian pursuant to a New York proceeding therefor.
Nevertheless, in June 1973, the Dade County Circuit Court, Probate Division, entered the herein appealed order appointing petitioner-appellee sole guardian of Miguel’s property and co-guardian of his person along with Herminia Junco, the paternal grandmother. It is well established that a court lacks jurisdiction over the guardianship of a minor where the minor is not domiciled in or a resident of the state. 15 Fla.Jur. Guardian & Ward § 116 (1957).
The record clearly supports the position of the appellants that the subject minor is not a resident of the State of Florida and was present in the state for a brief period of time during which he was hospitalized as a result of the plane crash.
Therefore, we conclude that the court lacks jurisdiction over the person of the minor incompetent, Miguel Junco, and thus it was error to have appointed Miguel’s maternal grandfather, Guillermo Suarez-Solis, as co-guardian over his person. Further, we have determined that the court erred in appointing appellee grandfather sole guardian of the property of Miguel Junco as no useful purpose would be served thereby because the minor had no real or personal property in Florida and a lawsuit against the airline already had been filed in New York thereby eliminating any contingent claim for personal injuries and/or the wrongful death of his parents in Florida.
Accordingly, the order appointing guardian is reversed hereby and the cause is remanded with directions to deny the petition of appellee for his appointment as guardian of the person and property of the minor child, Miguel Angel Junco.
Reversed and remanded.