Supreme Court of Florida
D.h., Petitioners v. Adept Community Services, Inc., Respondents. — Pariente, J., Concurring
November 1, 2018271 So. 3d 870
Summary
Justice Pariente fully concurs with the majority that the Twins' negligence claim is tolled because no guardian ad litem was appointed for the purpose of bringing a negligence action, and adds an extensive explanation of why the Statewide Guardian Ad Litem Program lacks authority to sue on a child’s behalf. The concurrence also addresses preservation issues, emphasizing that the appellate court may consider issues decided by the lower appellate court even if not expressly raised below. It concludes that the plain‑meaning of “guardian ad litem” in the tolling statute supports the majority’s result.