Ricardo R. Corona v. In Re: Orlando Silva

Summary

The Florida Third District Court of Appeal affirmed the denial of Ricardo R. Corona and Corona Law Firm, P.A.’s motion to intervene in guardianship proceedings involving Orlando Silva. The court held that the guardianship court did not abuse its discretion and that Florida Rule of Civil Procedure 1.230 was not applicable because the proceeding had not been declared an adversary proceeding under the Florida Probate Rules.

Holdings

1. The guardianship court did not abuse its discretion in denying Corona's motion to intervene because the guardianship court has primary responsibility and broad latitude to protect the ward and was better positioned than the separate defamation court to determine the ward's competency to testify.
2. Florida Rule of Civil Procedure 1.230 was not applicable because Corona did not have the guardianship proceeding declared an adversary proceeding as contemplated by Florida Probate Rule 5.025(b); therefore, the intervention motion was not cognizable under that rule.

Questions Presented

1. Whether the guardianship court abused its discretion by denying Corona's motion to intervene to seek reconsideration of the ward's competency to testify.
2. Whether Florida Rule of Civil Procedure 1.230 was applicable to the guardianship proceeding absent a determination that the proceeding was an adversary probate proceeding under the Florida Probate Rules.

Disposition

affirmed