Antonio M. Hernandez, Sr. v. Eusebio G. Hernandez

Summary

The Florida Third District Court of Appeal affirmed an order holding that Antonio M. Hernandez, Sr. lacked standing to object to attorney-fee awards paid from his mother’s guardianship assets. The court concluded that his participation in the guardianship proceedings and status as next of kin did not make him an interested person entitled to notice of fee proceedings, while the dissent would have found standing based on his potential financial interest and the absence of factual findings establishing the alleged misconduct.

Holdings

1. Antonio was not an interested person for purposes of the attorney's-fee proceedings because his participation in the guardianship proceedings, as described by the probate court, arose from allegations that he had mistreated the ward and misappropriated her funds; therefore, he was not entitled to notice of or standing to object to the fee requests.

Questions Presented

1. Whether Antonio, as the ward's son, next of kin, and an active participant in the guardianship proceedings, was an interested person entitled to notice of and standing to object to attorney's-fee and cost petitions.
2. Whether the probate court erred by determining that Antonio lacked standing to challenge the fee orders concerning services rendered in the guardianship proceedings and related adversary litigation.

Disposition

affirmed