Glenda Martinez Smith v. J. Alan Smith

Summary

The Florida Supreme Court reviewed whether a ward whose right to contract had been removed was required to obtain court approval before marrying under section 744.3215(2)(a), Florida Statutes. The Court held that prior approval was not required, but court approval was necessary before the marriage could receive legal effect, and that the marriage could potentially be ratified through subsequent approval. The Court quashed the Fourth District Court of Appeal’s decision.

Holdings

1. Section 744.3215(2)(a) does not require the ward to obtain court approval before the marriage ceremony. Court approval is required before the marriage may be given legal effect.
2. A marriage entered by a ward whose right to contract has been removed, without court approval, is invalid and cannot be given legal effect unless the court subsequently approves and ratifies it. It is neither a traditional void marriage nor a traditional voidable marriage.
3. The guardianship court's statements acknowledging the marriage certificate and referring to Glenda as Alan's spouse did not constitute court approval or ratification.

Questions Presented

1. Whether section 744.3215(2)(a), Florida Statutes, requires a ward whose right to contract has been removed to obtain court approval before exercising the right to marry.
2. Whether a marriage entered without prior court approval under section 744.3215(2)(a) is void, voidable, or otherwise invalid but capable of ratification.
3. Whether statements made by the guardianship court at a prior hearing constituted court approval or ratification of the marriage.

Disposition

quashed