IN THE CIRCUIT COURT



IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY

CASE NO. _________________ CA ____

Plaintiff,

v.

Defendant(s)

_________________________________/

ORDER APPOINTING GUARDIAN AD LITEM ATTORNEY

THIS CAUSE having come before this Honorable Court either on the Plaintiff’s Motion to Appoint Guardian Ad Litem or sua sponte, and the Court being fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows:

1. ____________________________, whose office address is ____________________________________ and whose telephone/fax numbers are ____________________/___________________, is hereby appointed as Guardian Ad Litem (GAL) on behalf of the following Defendant(s): _______________________________________________________________________________________________________________________________________________________________________________________________________________;

a. if living, including any unknown spouse(s), if either has remarried, and if dead, their respective unknown heirs, devisees, grantees, assignees, creditors, lienors and trustees, and all other persons claiming by, through, under or against these Defendant(s):

b. and any unknown Defendants as may be infants, incompetents or otherwise not sui juris; and

c. and such of the aforementioned unknown Defendants as may be in the active duty of the U.S. Military and may be entitled to the protection of the Service members Civil Relief Act;

2. The GAL is required by this Court to attempt to locate and, if unsuccessful, to protect the interests of said Defendant(s).

3. If the GAL is successful in locating said Defendant(s), then the GAL is directed to file a Report indicating the address(es) at which said Defendant(s) may be personally served with a Summons and copy of the Complaint.

4. The GAL Report shall not be deemed by this Court to be a violation of any attorney/client privilege or any other ethical rule.

5. If the GAL is unsuccessful in locating said Defendant(s), then the GAL is directed to file a Report evidencing the efforts undertaken to locate said Defendant(s) and an Answer on their behalf.

6. The GAL’s Answer shall not constitute personal jurisdiction over these Defendant(s).

7. Plaintiff’s Counsel shall provide copies of all pertinent documentation including the Complaint, the Note, the Mortgage, all Assignments, Returns of Service, Investigative Report, the Affidavit of Diligent Search, the Affidavit for Constructive Service by Publication, the Notice of Action, the Proof of Publication, the Non-Military Affidavit, the Death Certificate and the Uniform Residential Loan Application to the GAL within fourteen (14) days from the date of this Order.

8. The GAL shall file their Report or Answer within sixty (60) days from the date of this Order.

9. The GAL shall be entitled to reasonable compensation which shall be paid by the Plaintiff.

10. The GAL shall not be required to file an Oath.

DONE AND ORDERED in Miami-Dade County, Florida on this ______ day of __________________, 20______.

_____________________________

Circuit Court Judge David C. Miller

Fax cc: Plaintiff’s counsel - who shall copy

All other Counsel/ Parties of Record, and

Guardian Ad Litem

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