Florida Statute 744.387 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

F.S. 744.387

744.387 Settlement of claims.—

(1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it.

(2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000.

(3)(a) No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action.

(b) In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.

(4) In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.

History.—s. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 3, ch. 78-342; s. 10, ch. 79-221; s. 63, ch. 89-96; s. 48, ch. 90-271; s. 10, ch. 2002-195.

Note.—Created from former s. 744.60.

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Amendments to 744.387

Annotations, Discussions, Cases:

Cases Citing Statute 744.387

Total Results: 47

Berges v. Infinity Ins. Co.

896 So. 2d 665, 29 Fla. L. Weekly Supp. 679, 2004 Fla. LEXIS 2099, 2004 WL 2609255

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 2451741

Cited 112 times | Published

settle any minor's claim in excess of $5000, see § 744.387(2), Fla. Stat. (Supp. 1990), guardianship law

Global Travel Marketing, Inc. v. Shea

908 So. 2d 392, 30 Fla. L. Weekly Supp. 511, 2005 Fla. LEXIS 1454, 2005 WL 1576244

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724821

Cited 44 times | Published

requires establishment of a legal guardianship. See § 744.387(2), Fla. Stat. (2004). If a legal guardian and

In Re Beth Ratcliffe Smith and Natalie Dawn Smith, a Minor Child, by and Through Her Next Friend, Parent, and Natural Guardian Beth Ratcliffe Smith

926 F.2d 1027, 1991 U.S. App. LEXIS 3450, 1991 WL 25789

Court of Appeals for the Eleventh Circuit | Filed: Feb 28, 1991 | Docket: 513760

Cited 35 times | Published

under Florida law, as is required by Fla.Stat. § 744.387(3)(a), 1 and approved it. See

Reed v. United States

891 F.2d 878

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1990 | Docket: 822833

Cited 17 times | Published

for the settlement to be effective. Fla.Stat. § 744.387(3)(a). At the time of Benjamin's death his parents

In Re Seminole Walls & Ceilings Corp.

388 B.R. 386

District Court, M.D. Florida | Filed: Mar 28, 2008 | Docket: 1100962

Cited 11 times | Published

for the settlement to be effective. Fla. Stat. § 744.387(3)(a). At the time of Benjamin's death his parents

Tucker v. Shelby Mut. Ins. Co. of Shelby, Ohio

343 So. 2d 1357

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 1304004

Cited 11 times | Published

entering judgment, the rule conflicts with Section 744.387, Florida Statutes (1975), requiring that offers

Naghtin v. Jones by and Through Jones

680 So. 2d 573, 1996 WL 496169

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1201887

Cited 10 times | Published

the disbursement of the $800,000 pursuant to section 744.387, Florida Statutes (1993). On January 20, 1994

Naghtin v. Jones by and Through Jones

680 So. 2d 573, 1996 WL 496169

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1201887

Cited 10 times | Published

the disbursement of the $800,000 pursuant to section 744.387, Florida Statutes (1993). On January 20, 1994

Maugeri v. Plourde

396 So. 2d 1215

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1732038

Cited 9 times | Published

pursuant to the Florida Guardianship Law. In Section 744.387(3)(a), Florida Statutes (1977), of the Florida

Buncayo v. Dribin

533 So. 2d 935, 1988 WL 123810

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 1233016

Cited 8 times | Published

ad litem to represent the child's interests. § 744.387(2), Fla. Stat. (1987). The guardian reviewed the

Nixon v. Bryson

488 So. 2d 607, 11 Fla. L. Weekly 1074

District Court of Appeal of Florida | Filed: May 6, 1986 | Docket: 1685479

Cited 8 times | Published

action is in the best interest of the minor. § 744.387(1), Fla. Stat. (1985).[2] "No settlement *609

McLaughlin v. Lara

133 So. 3d 1004, 2013 WL 6925433

District Court of Appeal of Florida | Filed: Dec 27, 2013 | Docket: 60238641

Cited 7 times | Published

behalf of the minor is legally effective. See § 744.387, Fla. Stat. (2010). Dr. McLaughlin simply is not

Reed by and Through Reed v. United States

717 F. Supp. 1511, 1988 U.S. Dist. LEXIS 16666, 1988 WL 161328

District Court, S.D. Florida | Filed: Aug 10, 1988 | Docket: 1151952

Cited 7 times | Published

behalf of the minor, as is required by Fla.Stat. § 744.387(3)(a). An agreement to settle on behalf of a minor

Hernandez v. United Contractors Corp.

766 So. 2d 1249, 2000 Fla. App. LEXIS 12365, 2000 WL 1395867

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1697748

Cited 6 times | Published

the children's best interest. According to section 744.387(1), Florida Statutes (1995): (1) When a settlement

Bodek v. Gulliver Academy, Inc.

702 So. 2d 1331, 1997 WL 757457

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1513265

Cited 6 times | Published

be settled upon approval by the trial court. § 744.387(3)(a), Fla. Stat. We reject this argument, as

Bullard v. Sharp

407 So. 2d 1023

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 467474

Cited 6 times | Published

stipulation and settlement as required by Section 744.387, Florida Statutes, 1979. The court refused

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

plan. § 744.3678, Fla. Stat. Annual accounting. § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla

Ash v. Coconut Grove Bank

448 So. 2d 605

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 1523006

Cited 5 times | Published

a guardian of the property must be appointed. § 744.387(2), Fla. Stat. (1983). As they could not agree

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

the prenuptial agreement in accordance with section 744.387, Florida Statutes (2012). The Attempts to

COMMUNITY FED. SAV. & LOAN v. Wright

452 So. 2d 638

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 474538

Cited 4 times | Published

set out in Chapter 744, Florida Statutes. In section 744.387(3)(a), it is provided that no settlement after

Sullivan v. Department of Transp.

595 So. 2d 219, 1992 WL 35374

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1298811

Cited 3 times | Published

the settlement does not exceed $5,000; 2. Section 744.387(1) declares that a settlement which is made

Burden v. Dickman

547 So. 2d 170, 1989 WL 59551

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1474707

Cited 3 times | Published

Florida Rule of Civil Procedure 1.210(b), and section 744.387, Florida Statutes (1987). In his report to

Ash v. Coconut Grove Bank

443 So. 2d 437

District Court of Appeal of Florida | Filed: Jan 10, 1984 | Docket: 1746895

Cited 3 times | Published

personal injury claim. In that situation, section 744.387(2), Florida Statutes (1981) provides that a

Bookman v. Davidson

136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

District Court of Appeal of Florida | Filed: May 5, 2014 | Docket: 60239968

Cited 2 times | Published

the case before it, the clear language of section 744.387(3)(a), Florida Statutes (1977), mandated that

Auerbach v. McKinney

549 So. 2d 1022, 1989 WL 65885

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 1374395

Cited 2 times | Published

settlement by the trial court as required by section 744.387(3)(a), Florida Statutes (1987). [3] The lawyers'

Infinity Ins. Co. v. Berges

806 So. 2d 504, 2001 WL 898533

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1341832

Cited 1 times | Published

settlement is less than $5,000.[4] However, section 744.387(2), Florida Statutes (1990), specifically requires

MENDEZ EX REL. MENDEZ v. Simon

739 So. 2d 101, 1999 WL 89674

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 2451687

Cited 1 times | Published

is) a minor at the time of the settlement. Section 744.387(3)(a) states that no settlement after an action

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

744.3085, Fla. Stat. Guardian advocates. § 744.387, Fla. Stat. Settlement of claims. § 744

Wisekal v. Laboratory Corp. of America Holdings

182 F. Supp. 3d 1296, 2016 U.S. Dist. LEXIS 56333, 2016 WL 1623418

District Court, S.D. Florida | Filed: Apr 22, 2016 | Docket: 64308603

Published

litigation, the court is called upon to apply Section 744.387(3)(a), Fla. Stat., which states, “No settlement

Gogoleva v. Soffer

187 So. 3d 268, 2016 Fla. App. LEXIS 2230, 2016 WL 626131

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036707

Published

accident. 8 . See § 744.387, Fla. Stat,.(2013,). 9 . NAE, though

Guardianship of J.S.J. v. Pena

109 So. 3d 1281, 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

District Court of Appeal of Florida | Filed: Apr 5, 2013 | Docket: 60229496

Published

§ 744.444(8), Fla. Stat. (2011). Likewise, section 744.387(2), Florida Statutes, only permits the natural

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

*589 § 744.3085, Fla. Stat. Guardian advocates. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla

Musselman v. Stanonik

388 B.R. 386, 2008 U.S. Dist. LEXIS 27540

District Court, M.D. Florida | Filed: Mar 28, 2008 | Docket: 65516256

Published

for the settlement to be effective. Fla. Stat. § 744.387(3)(a). At the time of Benjamin’s death his parents

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

guardians. § 744,3025, Fla. Stat. Claims of minors. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla

Falco v. Bridgestone/Firestone North America Tire, LLC

935 So. 2d 53, 2006 Fla. App. LEXIS 12826, 2006 WL 2095724

District Court of Appeal of Florida | Filed: Jul 31, 2006 | Docket: 64845933

Published

to approve the settlement recommended by him.” § 744.387(1), Fla. Stat. (2005). The trial court’s analysis

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Compromise. § 744.301, Fla. Stat. Natural guardians. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla

Wilson v. Griffiths

811 So. 2d 709, 2002 Fla. App. LEXIS 1675, 2002 WL 225920

District Court of Appeal of Florida | Filed: Feb 15, 2002 | Docket: 64813493

Published

to settle the claim. § 744.387(2), Fla. Stat. (1999).2 Pursuant to section 744.387(1), Florida Statutes

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

Compromise. § 744.301, Fla.Stat. Natural guardians. § 744.387, Fla.Stat. Settlement of claims. § 744.391, Fla

Reed ex rel. Reed v. United States

891 F.2d 878, 1990 U.S. App. LEXIS 282

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1990 | Docket: 66250294

Published

for the settlement to be effective. Fla.Stat. § 744.387(3)(a). At the time of Benjamin’s death his parents

Reed ex rel. Reed v. United States

891 F.2d 878, 1990 U.S. App. LEXIS 282

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1990 | Docket: 66250294

Published

for the settlement to be effective. Fla.Stat. § 744.387(3)(a). At the time of Benjamin’s death his parents

Loper v. Apfelbeck

541 So. 2d 1222, 14 Fla. L. Weekly 291, 1989 Fla. App. LEXIS 301, 1989 WL 5254

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 64641963

Published

and stipulation for approval of the settlement. § 744.387(3)(a), Fla.Stat. (1987). Attached to the petition

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

744.377(4) Duties of guardian of the property. F.S. 744.387 Settlement of claims. F.S. 744.427 Annual returns

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

744.377(4) Duties of guardian of the property. F.S. 744.387 Settlement of claims. F.S. 744.427 Annual returns

Orkin Extermination Co. v. Lazarus

512 So. 2d 1120, 12 Fla. L. Weekly 2294, 1987 Fla. App. LEXIS 10365

District Court of Appeal of Florida | Filed: Sep 22, 1987 | Docket: 64629628

Published

to execute a satisfaction of the judgment. See § 744.387(3) & (4), Fla.Stat. (1985). Thus, for the purpose

Comas v. Southern Bell Telephone & Telegraph Co.

657 F. Supp. 117, 1987 U.S. Dist. LEXIS 2973

District Court, S.D. Florida | Filed: Feb 27, 1987 | Docket: 66170676

Published

Court that under the provisions of Fla.Stat.Ann. § 744.387 (3)(a) (West 1986) and Maugeri v. Plourde, 396

Community Federal Savings & Loan Ass'n of the Palm Beaches v. Wright

452 So. 2d 638, 1984 Fla. App. LEXIS 13617

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 64605774

Published

set out in Chapter 744, Florida Statutes. In section 744.387(3)(a), it is provided that no settlement after

All Children's Hospital, Inc. v. First State Bank of Miami

388 So. 2d 567, 1980 Fla. App. LEXIS 17675

District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 64578242

Published

of the guardian of the property pursuant to Section 744.387(1), Florida Statutes (1979), or the natural