Cases from cite.case.law:

IN RE GUARDIANSHIP OF H. JONES, C. v. L. H., 243 So. 3d 503 (Fla. App. Ct. 2018)

. . . Zebny remain as plenary guardian pursuant to section 744.312, Florida Statutes (2016), we affirm. . . . Lyublanovits argues that section 744.312 prohibits the appointment of Ms. . . . and qualified to act as guardian." § 744.312(2). . . . See § 744.312(4)(b). . . . Furthermore, the trial court found, as contemplated by section 744.312(3)(a), that Mr. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 200 So. 3d 761 (Fla. 2016)

. . . 73 •+J CQ rS fe id r — f r — I CO £ § 744.312, Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 199 So. 3d 835 (Fla. 2016)

. . . . § 744.312, Fla. Stat. Considerations in appointment of guardian. § 744.3201. Fla. Stat. . . .

MARTINEZ, v. GUARDIANSHIP OF J. SMITH,, 159 So. 3d 394 (Fla. Dist. Ct. App. 2015)

. . . First, the court was required, under section 744.312(3)(a) and (c), Florida Statutes (2012), to consider . . . Third, the court should give preference to her as the ward’s wife, under section 744.312(2)(a), Florida . . . The court declined to give preference to appellant as the ward’s wife under section 744.312(2)(a) because . . . In addition, section 744.312(4), Florida Statutes (2012), provides, “If the person designated is qualified . . . The First District found the trial court improperly applied the presumption in section 744.312(4), because . . .

KOSHENINA, In v. L. BUVENS, Jr., 130 So. 3d 276 (Fla. Dist. Ct. App. 2014)

. . . . § 744.312(4), Fla. Stat. (2010) (emphasis supplied). . . . Had section 744.312(4) been written to say that trial courts could simply apply a generalized “best interest . . . Admittedly, little judicial analysis exists on how the statutory standard at issue in section 744.312 . . . and lack of definitive caselaw on what constitutes a ward’s “best interest,” the standard in section 744.312 . . . executing the Designation, and that James is her presumptive preneed guardian, the plain reading of section 744.312 . . .

MORRIS L. v. E. KNIGHT,, 1 So. 3d 1236 (Fla. Dist. Ct. App. 2009)

. . . . § 744.312, Fla. Stat. (2004). . . .

KILLINGER, v. GUARDIANSHIP OF GRABLE,, 983 So. 2d 30 (Fla. Dist. Ct. App. 2008)

. . . According to section 744.312(4), Florida Statutes (2006), the ward’s pre-need guardian designee shall . . .

In GUARDIANSHIP OF B. STEPHENS, v. B. B. A. Jr. S. B., 965 So. 2d 847 (Fla. Dist. Ct. App. 2007)

. . . Section 744.312(1), Florida Statutes (2006), styled “Considerations in appointment of guardian,” provides . . . Section 744.312(2) adds: The court shall give preference to the appointment of a person who: (a) Is related . . . While the wishes of the ward shall be considered in appointing a guardian, they are not controlling. § 744.312 . . . The appellate court rejected the son’s argument, holding that while section 744.312(2)(a) gave the next . . . person ‘who is. qualified to act as guardian, whether related to the ward or not.’ ” (quoting section 744.312 . . .

MILLER v. GOODELL, B. J., 958 So. 2d 952 (Fla. Dist. Ct. App. 2007)

. . . rebuttable presumption had been overcome, the trial court also considered the application of section 744.312 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312 . . . Who may be appointed guardian of a resident ward. § 744.312, Fla. Stat. . . .

HARRELL, v. HAHN,, 929 So. 2d 675 (Fla. Dist. Ct. App. 2006)

. . . the record carefully, we find no abuse of discretion by the trial court in its application of section 744.312 . . .

WILSON, v. ROBINSON,, 917 So. 2d 312 (Fla. Dist. Ct. App. 2005)

. . . Section 744.312(2) and (3), Florida Statutes (2004), sets forth preferences and factors that the court . . .

BLANKFELD, v. RICHMOND HEALTH CARE, INC. d b a, 902 So. 2d 296 (Fla. Dist. Ct. App. 2005)

. . . .”); and § 744.312(1), Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312 . . . Who may be appointed guardian of a resident ward. § 744.312, Fla. Stat. . . .

TRELOAR, v. B. SMITH,, 791 So. 2d 1195 (Fla. Dist. Ct. App. 2001)

. . . the record carefully, we find no abuse of discretion by the trial court in its application of section 744.312 . . . “While the next of kin are given first consideration by section 744.312(2)(a), the statute does not mandatorily . . . Section 744.312 provides: 744.312. — Considerations in appointment of guardian (1) Subject to the provisions . . . unless the court determines that appointing such person is contrary to the best interests of the ward. § 744.312 . . .

POTEAT, v. GUARDIANSHIP OF POTEAT,, 771 So. 2d 569 (Fla. Dist. Ct. App. 2000)

. . . The guardian also notes that she was the most qualified person under section 744.312, Florida Statutes . . . Section 744.312(2) provides in part: (2) The court shall give preference to the appointment of a person . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312 . . . Who may be appointed guardian of a resident ward. § 744.312, Fla. Stat. . . .

In ESTATE OF SALLEY, C. v., 742 So. 2d 268 (Fla. Dist. Ct. App. 1997)

. . . Even before the 1989 adoption of the legislative policy referred to earlier, section 744.312(3)(a) of . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312 . . . Who may be appointed guardian of a resident ward. § 744.312, Fla.Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312 . . . Who may be appointed guardian of a resident ward. § 744.312, Fla.Stat. . . .

GLATTHAR, v. E. HOEQUIST,, 600 So. 2d 1205 (Fla. Dist. Ct. App. 1992)

. . . . § 744.312(3)(a), Fla.Stat. (1991). . See Tagliabue v. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . .-744.312,. (e) (b) Notice. . . . Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312 . . . Who may be appointed guardian of a resident ward. § 744.312, Fla.Stat. . . .

In AMENDMENT TO FLORIDA PROBATE RULE- PART III GUARDIANSHIP, 551 So. 2d 452 (Fla. 1989)

. . . serve pursuant to F.S. 744.309 and who meets the court’s considerations in appointment pursuant to F.S. 744.312 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . Revision: Substantially the same as F.S. 744.334, expanded to include provisions of F.S. 744.302 and F.S. 744.312 . . . F.S. 744.312 Considerations in appointment of guardian. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . Revision: Substantially the same as F.S. 744.334, expanded to include provisions of F.S. 744.302 and F.S. 744.312 . . . F.S. 744.312 Considerations in appointment of guardian. . . .

IN RE THE GUARDIANSHIP OF MAURICE AND SHERRY LECANU, 22 Fla. Supp. 2d 29 (Fla. Cir. Ct. 1987)

. . . The Court, pursuant to F.S. 744.312, conducted a full adversary hearing of three days and arrived at . . . F.S. 744.312 et seq. provides that the Court may appoint any qualified person as guardian. . . .

In GUARDIANSHIP OF DULL, 466 So. 2d 6 (Fla. Dist. Ct. App. 1985)

. . . In my view, section 744.312(2)(a), Florida Statutes (1983), and our decision in In re Castro, 344 So.2d . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Revision: Substantially the same as FGL 744.334, expanded to include provisions of FGL 744.302 and FGL 744.312 . . . F.S. 744.312 Considerations in appointment of guardian. . . .

In GUARDIANSHIP OF R. N. B., 429 So. 2d 796 (Fla. Dist. Ct. App. 1983)

. . . Pursuant to Section 744.312, Florida Statutes (1981), the trial court was required to give consideration . . . guardianship were absolutely and automatically superior to those of the aunt and uncle under Section 744.312 . . .

A. AHLMAN, v. F. WOLF,, 413 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . Under Sec. 744.312, Fla.Stat. (1979), Mrs. . . . that effect expressed in her petition for voluntary guardianship are entitled to consideration, Sec. 744.312 . . . following reasons, and the removal shall be in addition to any other penalties prescribed by law. ... . 744.312 . . .

In GUARDIANSHIP OF QUINDT. THORPE, v. LARSEN,, 396 So. 2d 1217 (Fla. Dist. Ct. App. 1981)

. . . court did not abuse its discretion in making the appointment under the controlling terms of Section 744.312 . . . While the next of kin are given first consideration by Section 744.312(2)(a), the statute does not mandatorily . . . daughter, her expressed wishes “as to who shall be appointed,” which must be considered under Sec. 744.312 . . . Affirmed. . 744.312 Considerations in appointment of guardian.— (1) The court may appoint any person . . .

HERSKOWITZ v. J. HERSKOWITZ,, 393 So. 2d 45 (Fla. Dist. Ct. App. 1981)

. . . . § 744.312(1), Fla.Stat. (1979); Fla.R.P. & G.P. 5.120(a); 3 Fla.Jur.2d “Appellate Review” §§ 313, 359 . . .

THE FLORIDA BAR. In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 387 So. 2d 949 (Fla. 1980)

. . . te which the person sought to be appointed is entitled pursuant to the-provisions of FGL 744.302 or-744.312 . . . Revision: Substantially the same as FGL 744.334 expanded to include provisions of FGL 744.302 and FGL 744.312 . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . to which the person sought to be appointed is entitled pursuant to the provisions of FGL 744.302 or 744.312 . . . Substantially the same as FGL 744.334 expanded to include provisions of FGL 744.-302 and FGL 744.312 . . .

In CASTRO, a In CASTRO, a, 344 So. 2d 270 (Fla. Dist. Ct. App. 1977)

. . . The applicable statutory law is found in Sections 744.301 and 744.312, Florida Statutes (1975). . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . to which the person sought to be appointed is entitled pursuant to the provisions of FGL 744.302 or 744.312 . . . Note: Substantially the same as FGL 744.3103 expanded to include provisions of FGL 744.302 and FGL 744.312 . . .