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Fla. Stat. § 768.25 (2025)

Court approval of settlements.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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768.25 Court approval of settlements.—While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.
History.—s. 1, ch. 72-35.
Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1981–2023 · leading case: Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002).
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Thompson v. Hodson, 825 So. 2d 941 (Fla. 1st DCA 2002). · cites it 5× “See § 768.25, Fla. Stat. (1993). As this court has recently stated: *950 If the personal representative secures a recovery in a wrongful death case, the personal representative apportions it among those entitled to receive it, subject to court approval if a survivor objects.”
Pearson v. DeLamerens, 656 So. 2d 217 (Fla. 3d DCA 1995). · cites it 8× “" § 768.25, Fla. Stat. (1993). If the ,000 settlement offer had not been accepted, then the litigation would have proceeded as to the father's claim with only the mother's claim being settled.”
Maugeri v. Plourde, 396 So. 2d 1215 (Fla. 3d DCA 1981). · cites it 4× “Because the subsequent settlement of the action — reached during trial — affected a minor survivor, the trial judge approved the settlement as provided in Section 768.25, Florida Statutes (1977), of the Wrongful Death Act.”
Dudley v. McCormick, 799 So. 2d 436 (Fla. 1st DCA 2001). · cites it 2× “See § 768.25, Fla. Stat. (2000). A defendant in a wrongful death action need not apportion a proposed settlement among the estate and survivors on behalf of whom the personal representative is acting in order to comply with the requirements of section 768.”
Brunson v. McKay, 905 So. 2d 1058 (Fla. 2d DCA 2005). · cites it 5× “Section 768.25 of the Act governs the settlement of wrongful death claims for which an action is pending at the time a settlement is reached.”
Gerard v. Dept. of Transp., 472 So. 2d 1170 (Fla. 1985). · cites it 2× “) We, however, do not agree that payment of the maximum amount permitted by section 768.25 abrogated the trial court's jurisdiction to adjudicate Gerard's claim against the Department of Transportation.”
Meeker v. Addison, 586 F. Supp. 216 (S.D. Fla. 1984). · cites it 4× “Fla.Stat. § 768.25 [sic]. Such waiver does not automatically apply to Eleventh Amendment immunity in federal courts.”
In Re Est. of Catapane, 759 So. 2d 9 (Fla. 4th DCA 2000). · cites it 2× “See § 768.25, Fla. Stat. David & French took appropriate steps to mitigate any conflict of interest they may have had while apportioning the settlement fund in this case.”
Hess v. Hess, 758 So. 2d 1203 (Fla. 4th DCA 2000). · cites it 2× “See § 768.25, Fla. Stat. (1999). This case should not be treated any differently because the personal representative expeditiously settled the claim without filing suit.”
Thomas v. Admin. Comm. of the Wal-Mart Stores, Inc., 210 F. Supp. 2d 1296 (M.D. Fla. 2002). · cites it 2× “Moreover, Thomas argues that section 768.25 prevents apportionment of a settlement “which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court,” and as such, the circuit court is the proper forum for approval of the settlement and…”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 768.25, Fla. Stat. Court approval of settlements.”
Joynt v. Star Ins. Co., 314 F. Supp. 3d 1233 (M.D. Fla. 2018). “Although the Court's holding here may, to some, seem to unfairly restrict the means of recovery for tort victims, it is important to note that prior to the enactment of § 768.25 there was no statutory right to recover for a county's negligence at all.”
Show all 25 citing cases →
— 768.25(5) — 1 case
Gerard v. Dept. of Transp., 472 So. 2d 1170 (Fla. 1985). “) We, however, do not agree that payment of the maximum amount permitted by section 768.25 abrogated the trial court's jurisdiction to adjudicate Gerard's claim against the Department of Transportation.”
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This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 768 matters in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.