JOHNSON V. COMPREHENSIVE

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2001 MICHELLE K. JOHNSON, et al., ** Appellants, ** vs. ** COMPREHENSIVE PERSONAL CARE SERVICES, INC., etc., CASE NO. 3D01-2028 ** LOWER TRIBUNAL NOS. 01-3031 & 01-1895 ** Appellee. Opinion filed August 8, 2001. An appeal from the Circuit Court for Dade County, Arthur Rothenberg, Judge. Icard, Merrill, Cullis, Timm, Furen & Ginsburg and John J. Waskom, for appellants. Joseph P. George, for appellee. Before JORGENSON, GODERICH and SHEVIN, JJ. PER CURIAM. In the instant case, the Ward's daughter and the Ward's wife appeal from the trial court's order finding him totally incapacitated and appointing Comprehensive Personal Care Services, Inc. [CPCS] as plenary guardian. order and remand for a full We reverse the trial court's evidentiary hearing on the qualifications of each of those seeking to be appointed plenary guardian. Because the trial court had properly appointed a temporary guardian, we find that there was no emergency that justified the denial of due process and required a permanent appointment without a full evidentiary hearing. Further, this decision should in no way operate as an adjudication upon the qualifications of CPCS to serve as permanent guardian and is not meant to preclude the trial court from appointing CPCS as guardian. Reversed and remanded for further proceedings consistent with this opinion. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.