UPDATED THROUGH March 30, 2017
Right to Marry – Ward. Certified Question: Where the fundamental right to marry has not been removed from a ward under section 744.3215(2)(a), Florida Statutes, does the statute require the ward to obtain approval from the court prior to exercising the right to marry, without which approval the marriage is absolutely void, or does such failure render the marriage voidable, as court approval could be conferred after the marriage? Smith v. Smith, No. SC16-1312 (review granted Aug. 25, 2016). DCA decisions: 199 So. 3d 911 (Fla. 4th DCA Mar. 2, 2016); 195 So. 3d 416 (Fla. 4th DCA June 29, 2016) (on motion to certify question of great public importance). Status: decision pending; briefing completed (Sept. 28, 2016 [no answer brief filed]); no oral argument (removed from the oral argument calendar by Court order).
Divorce – Interspousal Gifts – Donative Intent. The Court held that the competent substantial evidence standard, not the preponderance of credible evidence standard of appellate review, applies to a trial court’s finding that a party had donative intent. Hooker v. Hooker, No. SC15-1881 (review granted Mar. 18, 2016). DCA decision: 174 So. 3d 507 (Fla. 4th DCA Aug. 26, 2015). Status: decided; Slip Opinion (Mar. 30, 2017); Oral Argument Video (Nov. 1, 2016); briefing complete (Aug. 16, 2016).