CopyCited 112 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 679, 2004 Fla. LEXIS 2099, 2004 WL 2609255
...That was not an essential term of any agreement, however, but was a contingency that did not affect the proposal in this instance. Id. at 632 (emphasis supplied). Furthermore, although Florida law requires a court-appointed guardian to settle any minor's claim in excess of $5000, see § 744.387(2), Fla. Stat. (Supp.1990), guardianship law does not require the guardian to obtain court appointment and approval before negotiating a settlement. [3] Section 744.387(1), Florida Statutes (Supp.1990), provides: 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 ......
...The second obstacle was that his injured daughter was a minor. Therefore, under Florida law, because his daughter's claim exceeded $5000, Taylor could not officially settle it until a court appointed him the guardian and after a court determined that the settlement was in the minor's best interest. See § 744.387(3), Fla....
...im, we reject this issue as being without merit. [2] The final judgment represents the amount of the excess judgment plus accrued interest. [3] This statute has been amended since 1990 to require court approval of any claim in excess of $15,000. See § 744.387(2), Fla....
CopyCited 44 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 511, 2005 Fla. LEXIS 1454, 2005 WL 1576244
...Under section
744.301(2), Florida Statutes (2004), parents, acting as the natural guardians of their minor children, [6] may settle their children's claims for amounts up to $15,000. *400 A net settlement greater than $15,000 on behalf of a minor requires establishment of a legal guardianship. See §
744.387(2), Fla....
...to represent the minor's interests. See §
744.301(4)(a); Fla. Stat. (2004). A presuit settlement on behalf of a minor requires court authorization, which may be given if the court determines that the settlement is in the minor's best interest. See §
744.387(1), Fla. Stat. (2004). Settlement of a pending claim also requires court approval. See §
744.387(3)(a), Fla....
...t on behalf of a minor child participating in the school, was contrary to public policy. Scott v. Pac. W. Mountain Resort, 119 Wash.2d 484, 834 P.2d 6, 11-12 (1992). The court relied on precedent in other jurisdictions and on a state law, similar to section 744.387, Florida Statutes, that required court approval for parents to settle or release a child's post-injury claim....
...vides a basis for treating these agreements differently from settlements of lawsuits involving minors' claims, for which appointment of a guardian ad litem and court approval are necessary under certain circumstances pursuant to sections
744.301 and
744.387, Florida Statutes (2004)....
CopyCited 35 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 3450, 1991 WL 25789
...But the court will not approve this agreement as being against public policy. We’ll stand adjourned. Hearing tr. at 4-5. A state circuit judge two weeks after this ruling reviewed the settlement in the parallel actions under Florida law, as is required by Fla.Stat. § 744.387(3)(a), 1 and approved it....
...s codes, or a waiver of protective rights under such statutes. The settlement at issue in this ease was not against public policy. It violated no statute or policy, state or federal. In fact, the only guidance on the particular subject was Fla.Stat. § 744.387(3)(a), which was enacted to ensure that settlements involving minors protected their interests....
...d approve the settlement in light of the foregoing. 1 . "No settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action.” Fla.Stat. § 744.387(3)(a)....
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit
...Given this clause, the terms of the trust that have not been finalized are not essential terms whose omission defeats the entire agreement. See Robbie v. City of Miami,
469 So.2d 1384 (Fla.1985). 3 Florida law requires court approval of all settlements involving a minor for the settlement to be effective. Fla.Stat. §
744.387(3)(a)....
CopyCited 11 times | Published | District Court, M.D. Florida
...e the settlement and enter judgment. This is similar to the period between the return of a verdict and the entry of judgment .... Florida law requires court approval of all settlements involving a minor for the settlement to be effective. Fla. Stat. § 744.387(3)(a)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...enter judgment, had *1359 the offer been accepted, since of necessity it had to be apportioned between the parties. Moreover, they state that there being no provision in the rule for action by the court in entering judgment, the rule conflicts with Section 744.387, Florida Statutes (1975), requiring that offers of settlement to minors must first be approved by the court....
...Subsection 3(a) of the statute provides: "No settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action." We do not believe the provisions of the rule and Section 744.387 are irreconcilable....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1996 WL 496169
...is ultimately affirmed in whole at the conclusion of the appellate process," but the Joneses would accept the $800,000 in full settlement in the event "the $750,000 wage loss claim ... is reversed, modified or remanded." The trial court approved the settlement agreement and the disbursement of the $800,000 pursuant to section 744.387, Florida Statutes (1993)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...t. Section
768.23, Florida Statutes (1977), provides: Protection of minors and incompetents. The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law. In Section
744.387(3)(a), Florida Statutes (1977), of the Florida Guardianship Law, concerning the procedures for the settlement of a minor's claim, it is stated: No settlement after an action has been commenced by or on behalf of a minor or other incom...
...This statutory section obviously requires protection of the minor's property after the settlement has been approved by the trial court. Cf. Tucker v. Shelby Mutual Insurance *1217 Co. of Shelby, Ohio,
343 So.2d 1357 (Fla.1st DCA 1977). This is reinforced by Section
744.387, Florida Statutes (1977), of the Florida Guardianship Law, which is quoted from above in our discussion of point two and which specifically provides for approval of settlements by "......
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1988 WL 123810
...A settlement was reached with the doctor involved, and the agreement was submitted to the circuit court for approval. Because the amount of the net settlement was in excess of $5,000, the trial court appointed a guardian ad litem to represent the child's interests. § 744.387(2), Fla....
...The guardian reviewed the settlement and recommended an attorney's fee of thirty-five percent of the gross settlement. The trial judge reduced the fee to one-third of the gross. The parents then reached a settlement with the hospital involved. Again a guardian ad litem was appointed pursuant to section 744.387(2)....
...mended allocation of the parent's intangible award. The guardian was also present, and his report, as well as the settlement agreement, was before the judge. Based on this evidence, the judge made his decision "in the best interest of the ward." See § 744.387(1), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1074
...For the reasons which follow, we affirm the order and final judgment of the trial court. Under Florida law, when an action is pending which is brought on behalf of a minor, the trial judge has a statutory duty to ensure that the settlement of that action is in the best interest of the minor. § 744.387(1), Fla. Stat. (1985). [2] "No settlement *609 after an action has been commenced by or on behalf of a minor... shall be effective unless approved by the court having jurisdiction of the action." § 744.387(3)(a), Fla....
...to." We do not find the standard fashioned by the Phillips court to be sufficiently protective of the minor's best interests. As earlier stated, no settlement may be approved unless the trial court is satisfied it is in the minor's best interests. §§
744.387(1), (3)(a),
768.23,
768.25, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6925433
...However, the purpose of an order approving a minor’s settlement is not to protect any legal right a defendant may have to control settlement but instead it is to protect the interests of the minor and the guardian and to ensure that any release given on behalf of the minor is legally effective. See § 744.387, Fla....
CopyCited 7 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 16666, 1988 WL 161328
...ail for indefiniteness. C. The Agreement Does Not Fail Absent Court Approval The government next argues that the settlement agreement does not exist because the Court has not approved the agreement on behalf of the minor, as is required by Fla.Stat. § 744.387(3)(a)....
...foregoing discussion, it is hereby ORDERED and ADJUDGED as follows: 1) Defendant's Motion to Dismiss is DENIED. 2) Plaintiffs' Motion to Approve and Enforce the Parties' Settlement Agreement is GRANTED. 3) The Court finds that pursuant to Fla. Stat. § 744.387, the settlement was in the minor Plaintiff's best interest....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 12365, 2000 WL 1395867
...The record indicates that no guardian ad litem was appointed to review the proposed settlement of the workers' compensation claim and to advise the Judge of Compensation Claims regarding whether the settlement was in the children's best interest. According to section 744.387(1), Florida Statutes (1995): (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 b...
...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.... In addition, section 744.387(2), Florida Statutes (1995) provides: 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 $5,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $5,000. *1254 We are not aware of any case that limits the statutory language of section 744.387 to tort claims, as United contends. Further, if the children were included in the workers' compensation action, as United argues, then this would be a claim brought by the guardian, subject to the requirements of the guardianship statutes. Under section 744.387, the court needs to determine that the settlement is in the best interest of the child....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...During the course of litigation the parties reached a settlement and entered into a written stipulation evidencing its terms and conditions. Because some of the parties were minors, application was made to the court for approval of the stipulation and settlement as required by Section 744.387, Florida Statutes, 1979....
...of the language of Section (3)(a) which provides: "No settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action." (Emphasis added.) § 744.387(3)(a), Fla....
...Those will remain subject to judicial scrutiny upon appropriate application. With the foregoing rationale established, we determine that excessiveness of the amounts to be received by the minors is not a sufficient ground for withholding the approval contemplated by Section 744.387, Florida Statutes 1979....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1997 WL 757457
...Therefore, we find that the offer of judgment met the statutory requirements of section
768.79. Next, the plaintiffs contend that they were "powerless" to accept or reject the offer because a minor child's claim can only be settled upon approval by the trial court. §
744.387(3)(a), Fla. Stat. We reject this argument, as the First District did in Tucker: We do not believe the provisions of the rule [1.442] and Section
744.387 are irreconcilable....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...§
744.363, Fla. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...nst the obstetrician for the birth defects which incapacitated his child. When it appeared that the child would receive a settlement award in excess of $5,000, both of the natural parents recognized that a guardian of the property must be appointed. § 744.387(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700
...As a residual effect, Irene’s motion regarding the prenuptial agreement was placed on indeterminate hold. Shortly thereafter, the trial court denied a second motion from Irené, which sought to compel a settlement of the claim involving the prenuptial agreement in accordance with section 744.387, Florida Statutes (2012)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...losure action. We suggest this is an incorrect statement of the law. The authority of a guardian is seriously circumscribed by statute. The powers and the limitation on the powers of a guardian to act are set out in Chapter 744, Florida Statutes. In section 744.387(3)(a), it is provided that no settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1989 WL 59551
...Two weeks after the net proceeds were distributed to the corporate fiduciary, the probate court appointed a guardian ad litem for Adam pursuant to Florida Rule of Probate and Guardianship Procedure 5.120, Florida Rule of Civil Procedure 1.210(b), and section 744.387, Florida Statutes (1987)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...icular expense. If, in the future, the trust becomes depleted, then the parent must once again provide for his child. Another dimension is added where, as here, the minor child has received a settlement of a personal injury claim. In that situation, section 744.387(2), Florida Statutes (1981) provides that a legal guardianship of the property shall be required when the amount of the net settlement to the ward exceeds $5,000....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 35374
...apply to the 1988 settlement [4] , establishes the following requirements: 1. Section
744.301(2) authorizes the father, as natural guardian, to settle a claim on behalf of his minor child when the amount of the settlement does not exceed $5,000; 2. Section
744.387(1) declares that a settlement which is made before any lawsuit has been filed by a guardian on behalf of a ward may be approved by the court, upon the guardian's petition, when the settlement is in the best interest of the ward; 3. Section
744.387(2) permits a natural guardian of a minor to settle a claim on behalf of a minor that does not exceed $5,000 without bond, and if the settlement exceeds $5,000, a legal guardianship is required; 4. Section
744.387(3)(a) requires court approval of any settlement after an action is commenced involving a ward; 5. Section
744.387(3)(b) requires the appointment of a guardian in any net settlement to a ward which exceeds $5,000; 6....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 1772707, 2014 Fla. App. LEXIS 6472
...ts for the convenience of the litigants and for the efficiency of the administration of the circuits’ judicial business.” Maugeri v. Plourde,
396 So.2d 1215, 1217 (Fla. 3d DCA 1981) (holding, however, in the case before it, the clear language of section
744.387(3)(a), Florida Statutes (1977), mandated that “the only court having jurisdiction to approve the settlement of a minor’s claim in a pending action is the court in which the action is pending”)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 65885
...s and their insurers. As was also stated by the trial judge, it was thus plainly invalid for lack of consideration, see 11 Fla.Jur.2d Contracts § 72 (1979), and for lack of approval of this aspect of the settlement by the trial court as required by section 744.387(3)(a), Florida Statutes (1987)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1999 WL 89674
...mpletely different *104 situation from that in Association for Retarded Citizens. Association for Retarded Citizens is also inapplicable because it did not involve the claim of a minor. Adaly was (and still is) a minor at the time of the settlement. Section 744.387(3)(a) states that no settlement after an action has been commenced on behalf of a minor shall be effective unless approved by the court having jurisdiction of the case....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 898533
...Section
744.301, Florida Statutes (1990), designates a parent as the natural guardian of a minor and authorizes the natural guardian to settle a claim on behalf of the minor child when the amount of the settlement is less than $5,000. [4] However, section
744.387(2), Florida Statutes (1990), specifically requires a court-appointed guardian to settle any claim in excess of $5,000. [5] Section
744.387(1), Florida Statutes (1990), further specifies that the court must determine whether such a settlement is in the best interest of the minor....
...ed from an estate or trust or proceeds from a life insurance policy to, or otherwise accruing to the benefit of, the child during minority, when the amount involved in any instance does not exceed $5,000, without appointment, authority, or bond. [5] 744.387 Settlement of claims. (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 $5,000, without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $5,000. [6] 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 ......
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S. 744.377(4) Duties of guardian of the property. F.S. 744.387 Settlement of claims....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S. 744.377(4) Duties of guardian of the property. F.S. 744.387 Settlement of claims....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Committee notes revised. Citation form changes in committee notes. Statutory References §
731.303, Fla.Stat. Representation. §
733.308, Fla.Stat. Administrator ad li-tem. §
733.708, Fla.Stat. Compromise. §
744.301, Fla.Stat. Natural guardians. §
744.387, Fla.Stat....
...$25,-000. Likewise, the “gross amount payable” cannot be reduced to reflect the present value of the proposed settlement on behalf of the minor. Rule History 1992 Revision: New rule. Statutory References §
744.301, Fla.Stat. Natural guardians. §
744.387, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2294, 1987 Fla. App. LEXIS 10365
...e judgment between the plaintiffs, and thus no standing to complain, if the amount of the judgment to the minor were in excess of $5,000, a court-appointed guardian of the minor’s property is required to execute a satisfaction of the judgment. See § 744.387(3) & (4), Fla.Stat....
CopyPublished | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 27540
...e the settlement and enter judgment. This is similar to the period between the return of a verdict and the entry of judgment .... Florida law requires court approval of all settlements involving a minor for the settlement to be effective. Fla. Stat. § 744.387 (3)(a)....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13617
...losure action. We suggest this is an incorrect statement of the law. The authority of a guardian is seriously circumscribed by statute. The powers and the limitation on the powers of a guardian to act are set out in Chapter 744, Florida Statutes. In section 744.387(3)(a), it is provided that no settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References §
731.303, Fla. Stat. Representation. §
733.308, Fla. Stat. Administrator ad litem. §
733.708, Fla. Stat. Compromise. §
744.301, Fla. Stat. Natural guardians. §
744.387, Fla....
...§
744.363, Fla. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. *1149 §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla....
...Likewise, the “gross amount payable” cannot be reduced to reflect the present value of the proposed settlement on behalf of the minor. Rule History 1992 Revision: New rule. 2003 Revision: Committee notes revised. Statutory References §
744.301, Fla. Stat. Natural guardians. §
744.387, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 12826, 2006 WL 2095724
...d’s claim pursuant to section 744.887(1), Florida Statutes, finding, inter alia, that the guardian ad litem appointed to protect the minor child’s interest had “presented no basis for this Court to approve the settlement recommended by him.” § 744.387(1), Fla. Stat. (2005). The trial court’s analysis was grounded, at least in part, on its determination that the settlement was so inadequate that it was not in the minor child’s best interest under section 744.387(1), Florida Statutes; thus, Petitioner has not demonstrated an entitlement to extraordinary relief....
...ntial requirements of law. Petition DENIED. BENTON, POLSTON and THOMAS, JJ., concur. . Cf. Bullard v. Sharp,
407 So.2d 1023, 1023-24 (Fla. 4th DCA 1981) (granting writ of certiorari where court’s refusal to approve minor’s settlement pursuant to section
744.387(1), Florida Statutes, was based on the excessive amounts provided to the minors)....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Capacity; appointment of guardian advocate. §
731.303, Fla. Stat. Representation. §
733.308, Fla. Stat. Administrator ad litem. §
733.708, Fla. Stat. Compromise. §
744.3025, Fla. Stat. Claims of minors. *589 §
744.3085, Fla. Stat. Guardian advocates. §
744.387, Fla....
...§
744.363, Fla. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 291, 1989 Fla. App. LEXIS 301, 1989 WL 5254
...and on behalf of herself, her son, and her deceased husband’s mother and estate. The parties reached a settlement after the defendants filed their answers and discovery was conducted. Because the action involved a claim of a minor, the parties filed a joint petition and stipulation for approval of the settlement. § 744.387(3)(a), Fla.Stat....
CopyPublished | Supreme Court of Florida
...Capacity; appointment of guardian advocate.
§
731.303, Fla. Stat. Representation.
§
733.308, Fla. Stat. Administrator ad litem.
§
733.708, Fla. Stat. Compromise.
§
744.3025, Fla. Stat. Claims of minors.
§
744.3085, Fla. Stat. Guardian advocates.
§
744.387, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 282
...Given this clause, the terms of the trust that have not been finalized are not essential terms whose omission defeats the entire agreement. See Robbie v. City of Miami,
469 So.2d 1384 (Fla.1985). . Florida law requires court approval of all settlements involving a minor for the settlement to be effective. Fla.Stat. §
744.387(3)(a)....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 2230, 2016 WL 626131
...She filed a lawsuit against the Riordans, Krys, and Soffer, raising
five counts: wrongful death against Soffer, fraudulent inducement against all
defendants, conspiracy against all defendants, rescission against Soffer and the
Riordans,9 and declaratory judgment against all defendants. Gogoleva alleged the
8 See § 744.387, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 1675, 2002 WL 225920
...ond, to settle a claim on behalf of their children when the amount of the settlement is less than $5,000. §
744.301, Fla. Stat. (1999). When the claim exceeds $5,000, as it does in the instant case, a guardian must be appointed to settle the claim. §
744.387(2), Fla. Stat. (1999). 2 Pursuant to section
744.387(1), Florida Statutes (1999), the court must determine whether such a settlement is in the best interest of the minor, which requirement applies to pre-suit settlements as well as to those made after litigation has commenced. Sullivan v. Department of Transp.,
595 So.2d 219 (Fla. 2d DCA 1992). In the instant case, pre-suit settlement failed and Morgan requested and received from Wilson authorization to file suit. The settlement was reached thereafter. Section
744.387(3)(a) specifically provides: 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....
...(Emphasis supplied). Pursuant to the clear language of this statute, the court having jurisdiction of the action in the instant case was the circuit court in Bre-vard County. See Maugeri v. Plourde,
396 So.2d 1215, 1216 (Fla. 3d DCA 1981) (stating that, pursuant to section
744.387(3)(a), “the only court having jurisdiction to approve the settlement of a minor’s claim in a pending action is the court in which the action is pending.”)....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...2006 Revision: Committee notes revised. Statutory References §
731.303, Fla. Stat. Representation. §
733.308, Fla. Stat. Administrator ad litem. §
733.708, Fla. Stat. Compromise. -§
744.301, Fla. Stat. Natural guardians. § 744,3025, Fla. Stat. Claims of minors. §
744.387, Fla....
...hold amount requiring appointment of guardian ad li-tem if interests of minor are not otherwise adequately represented. Committee notes revised. Statutory References §
744.301, Fla. Stat. Natural guardians. §
744.3025, Fla. Stat. Claims of minors. §
744.387, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 1348300, 2013 Fla. App. LEXIS 5594
...o care for him or her and to support, maintain, and educate him or her, the guardian of the minor shall not so use his or her ward’s property unless directed or authorized to do so by the court. See also §
744.444(8), Fla. Stat. (2011). Likewise, section
744.387(2), Florida Statutes, only permits the natural guardians or legal guardian of a minor to settle a claim by or on behalf of a minor that does not exceed $15,000 without bond....
...A legal guardianship is required when the net amount of the settlement to the minor exceeds $15,000. After an action on a claim has been commenced by or on behalf of a minor, no settlement is effective unless approved by the court having jurisdiction of the action. § 744.387(3)(a), Fla....
CopyPublished | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 56333, 2016 WL 1623418
...T ■ FUNDS [DE 506, 512] Daniel T.K. Hurley, UNITED STATES DISTRICT JUDGE THIS CASE, which invoked the Court’s diversity jurisdiction, is governed by Florida law. In particular at this juncture of the litigation, the court is called upon to apply Section 744.387(3)(a), Fla....
...506] and amended motion for approval of settlement [DE 512], In support of its motion, the Plaintiff previously submitted, under seal, a single page of the proposed settlement agreement in question [DE 508-1]. At the Court’s direction, pursuant to § 744.387 (3)(a), and Fla....
...Wisekal cannot settle the claims of the children or effectively sign a release of those claims without court appointment as the legal guardian of the children and without this Court’s approval and determination that the proposed settlement is in the minors’ best interests. Compare § 744.387(2) (requiring legal guardianship for settlement authority on behalf of minor when amount of net settlement to minor exceeds $15,000) and § 744.487(3)(b) (requiring guardianship of the property to collect settlement proceeds and execute releases if....
...settlement exceeds $15,000) with §
744.301(2) (authorizing parents as natural guardians to settle claims and collect proceeds' of settlement without appointment if the amounts received in aggregate do not exceed $15,000). See Berges v. Infinity Ins. Co.,
896 So.2d 665, 674 (Fla.2004) (under Florida law, §
744.387(2), a court-appointed guardian is required to settle any minor’s claim in excess of statutory threshold, but guardianship law does not require the guardian to obtain court appointment and approval before simply negotiating settlement); Orkin Extermination Co. v. Lazarus,
512 So.2d 1120, 1121 (Fla. 3d DCA 1987) (court-appointed guardian is required to execute a satisfaction of judgment to minor in excess of $5,000), citing Fla. Stat. §
744.387 (3), (4)....
...Because *1300 he lacks this authority, plaintiffs motion for approval of the proposed settlement and for entry of order authorizing distribution of settlement funds must be denied. 2 In an effort to discharge its responsibilities under Fla. Stat. §§ 744.387 (2) and (3)(b), the Court directs the attorneys for the Plaintiff to promptly petition the Circuit Court for the Fifteenth Judicial Circuit of Florida, Probate Division, for appointment of a limited guardian of the person authorized to set...
