Arys Rene Cabrera v. Lilian Guadalupe Cabrera Rubio, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledOctober 21, 2026
Docket3D2026-0622
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 21, 2026.
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No. 3D26-0622
Lower Tribunal No. 21-5636-GD-02
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Arys Rene Cabrera,
Petitioner,
vs.
Lilian Guadalupe Cabrera Rubio, etc., et al.,
Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Jorge E. Cueto, Judge.
Kenneth M. Kaplan, for petitioner.
Get Ahead Legal, and Irama Valdes; Soren & Gallardo, P.A., and
Christin Gallardo and Max G. Soren, for respondent Lilian Guadalupe
Cabrera Rubio.
Before SCALES, C.J., and MILLER and GOODEN, JJ.
PER CURIAM.
Petitioner Arys Rene Cabrera challenges, via certiorari, the
guardianship court’s February 26, 2026 omnibus order rendered after a
hearing of the same day (the “Order”). The Order, among other things,
denied Petitioner’s motion to remove Respondent Lilian Guadalupe Cabrera
Rubio as the guardian for the ward. Petitioner asserts standing as an
“interested person” under section 744.477(1) of the Florida Statutes (2025).1
The Order adjudicates with finality Petitioner’s right as an interested
person to seek the removal of the guardian. See Fla. R. App. P. 9.170(b)
(“[A]ppeals of orders rendered in . . . guardianship cases will be limited to
orders that finally determine a right or obligation of an interested person as
defined in the Florida Probate Code.”); see Hernandez v. Hernandez, 230
So. 3d 119, 123 (Fla. 3d DCA 2017). Because section 744.477(1) provided
Petitioner with the right to seek the guardian’s removal, the trial court’s denial
of the Petition to Remove Guardian “on the merits” constituted a final order.
We therefore treat the petition as an appeal of the Order. See Fla. R.
App. P. 9.040(c) (“If a party seeks an improper remedy, the cause must be
treated as if the proper remedy had been sought[.]”).2 We have carefully
1
Under the Florida Probate Code, an interested person is “any person who
may reasonably be expected to be affected by the outcome of the particular
proceeding involved.” § 731.201(23), Fla. Stat. (2026).
2
reviewed the parties’ extensive briefing, the Order, and those portions of the
record provided to us by the parties, including the statement of proceedings
that Petitioner filed pursuant to Florida Rule of Appellate Procedure
9.200(b)(5), in lieu of a transcript of the February 26, 2026 hearing. Earlier in
this appeal, we also considered and ruled on certain procedural issues
related to Petitioner’s action, and thus we are informed by the facts and
issues we necessarily considered in that prior adjudication. Cabrera v.
Rubio, 51 Fla. L. Weekly D782, 2026 WL 1014066 (Fla. 3d DCA Apr. 15,
2026).
Because Petitioner has established no basis for reversal of the Order,
we affirm the Order in all respects. Also, because guardianship resources
are limited and should be used for the benefit of the ward, no motion for
rehearing or any other post-opinion motion will be entertained by the Court.
Petition for writ of certiorari treated as appeal; challenged Order
affirmed.
2
We note that, had we reviewed the Order under the certiorari standard, we
would have been compelled to dismiss the petition for lack of jurisdiction
because Petitioner failed to establish that he, as opposed to the ward, had
suffered irreparable harm. See Aguilar v. Leal, 426 So. 3d 1277, 1278 (Fla.
3d DCA 2026).
3