 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
DeVaughn v. DeVaughn3/26/2003
t in a few words:
The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to "the primordial necessity of order in the social life." Wide enough in all conscience is the field of discretion that remains. Id. at 217-218 (quoting B. Cardozo, The Nature of the Judicial Process, at 141).
Here, the trial court's discretion was bound by Canakaris and further circumscribed by section 733.301, which prefers the mother for appointment. In the absence of a reason not to appoint the mother personal representative, the trial court should have followed the statutory scheme.
In short, we hold that the trial court abused its discretion because there was no legal reason to interpose the uncle between the preferred party, the mother, and the subject matter of her interest. We reverse so that the trial judge can appoint the mother personal representative of Russell L. DeVaughn's estate.
REVERSED with directions.
SHARP, W. and ORFINGER, JJ., concur.
Page 1 2 3 4 5 Florida Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|