Glenda Martinez Smith, Petitioner v. J. Alan Smith, Respondent — Polston, J., Dissenting

Summary

Justice Polston dissents, arguing that under the plain meaning of Fla. Stat. §744.3215(2)(a) an incapacitated person whose right to contract is removed must obtain court approval before exercising the right to marry, and that any marriage entered into without such approval is void. The dissent contends the majority’s construction improperly narrows the statute’s language.