Supreme Court of Florida

Glenda Martinez Smith, Petitioner v. J. Alan Smith, Respondent

August 31, 201742 Fla. L. Weekly Supp. 773

Summary

The Court quashed the Fourth District's decision and held that a ward whose right to contract has been removed need not obtain court approval before marrying, but court approval is required before the marriage may receive legal effect. An unapproved marriage is invalid but may be ratified through subsequent court approval, and the guardianship court's prior comments did not constitute sufficient approval. Justice Lawson specially concurred in support of this interpretation, while Justice Polston, joined by Justices Lewis and Canady, would have required prior approval and treated the marriage as void.