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Florida Statute 744.387 | Lawyer Caselaw & Research
F.S. 744.387 Case Law from Google Scholar
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The 2023 Florida Statutes (including 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.

F.S. 744.387 on Google Scholar

F.S. 744.387 on Casetext

Amendments to 744.387


Arrestable Offenses / Crimes under Fla. Stat. 744.387
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.387.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WISEKAL, v. LABORATORY CORPORATION OF AMERICA HOLDINGS C., 182 F. Supp. 3d 1296 (S.D. Fla. 2016)

. . . In particular at this juncture of the litigation, the court is called upon to apply Section 744.387(3 . . . At the Court’s direction, pursuant to § 744.387 (3)(a), and Fla. Prob. . . . Compare § 744.387(2) (requiring legal guardianship for settlement authority on behalf of minor when amount . . . Stat. § 744.387(3), (4). See also Bradley v. . . . Stat. §§ 744.387 (2) and (3)(b), the Court directs the attorneys for the Plaintiff to promptly petition . . .

GOGOLEVA, v. SOFFER,, 187 So. 3d 268 (Fla. Dist. Ct. App. 2016)

. . . See § 744.387, Fla. Stat,.(2013,). . . . .

B. BOOKMAN, E. v. DAVIDSON,, 136 So. 3d 1276 (Fla. Dist. Ct. App. 2014)

. . . 1215, 1217 (Fla. 3d DCA 1981) (holding, however, in the case before it, the clear language of section 744.387 . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . sought to compel a settlement of the claim involving the prenuptial agreement in accordance with section 744.387 . . .

McLAUGHLIN, M. D. M. D. P. A. d b a s v. LARA a M. D. M. D. P. A. d b a s v. a, 133 So. 3d 1004 (Fla. Dist. Ct. App. 2013)

. . . See § 744.387, Fla. Stat. (2010). Dr. . . .

In J. S. J. v. J. PENA, M. D., 109 So. 3d 1281 (Fla. Dist. Ct. App. 2013)

. . . Likewise, section 744.387(2), Florida Statutes, only permits the natural guardians or legal guardian . . . minor, no settlement is effective unless approved by the court having jurisdiction of the action. § 744.387 . . .

KIRTON, v. FIELDS, v. H. v., 997 So. 2d 349 (Fla. 2008)

. . . See §§ 744.301, 744.387, Fla. Stat. (2003). . . . litem and court approval are necessary under certain circumstances pursuant to sections 744.301 and 744.387 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. . . . Annual accounting. § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla. Stat. . . .

In SEMINOLE WALLS CEILINGS CORP. v., 388 B.R. 386 (M.D. Fla. 2008)

. . . . § 744.387(3)(a). . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

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

FALCO, a v. BRIDGESTONE FIRESTONE NORTH AMERICA TIRE, LLC, a, 935 So. 2d 53 (Fla. Dist. Ct. App. 2006)

. . . .” § 744.387(1), Fla. Stat. (2005). . . . that the settlement was so inadequate that it was not in the minor child’s best interest under section 744.387 . . . granting writ of certiorari where court’s refusal to approve minor’s settlement pursuant to section 744.387 . . .

GLOBAL TRAVEL MARKETING, INC. v. R. SHEA,, 908 So. 2d 392 (Fla. 2005)

. . . See § 744.387(2), Fla. Stat. (2004). . . . See § 744.387(1), Fla. Stat. (2004). Settlement of a pending claim also requires court approval. . . . See § 744.387(3)(a), Fla. Stat. (2004). . . . The court relied on precedent in other jurisdictions and on a state law, similar to section 744.387, . . . litem and court approval are necessary under certain circumstances pursuant to sections 744.301 and 744.387 . . .

BERGES, v. INFINITY INSURANCE COMPANY,, 896 So. 2d 665 (Fla. 2004)

. . . Florida law requires a court-appointed guardian to settle any minor’s claim in excess of $5000, see § 744.387 . . . Section 744.387(1), Florida Statutes (Supp.1990), provides: When a settlement of any claim by or against . . . See § 744.387(2), Fla. Stat. (2002). . . . . See § 744.387(8), Fla. . . .

R. SHEA, v. GLOBAL TRAVEL MARKETING, INC. d b a d b a, 870 So. 2d 20 (Fla. Dist. Ct. App. 2003)

. . . . §§ 744.387(2) and 744.301(1), Fla. Stat. (2001). . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. . . . Annual accounting. § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla. Stat. . . . Natural guardians. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. . . .

H. WILSON, v. GRIFFITHS,, 811 So. 2d 709 (Fla. Dist. Ct. App. 2002)

. . . . § 744.387(2), Fla. Stat. (1999). . . . Pursuant to section 744.387(1), Florida Statutes (1999), the court must determine whether such a settlement . . . Section 744.387(3)(a) specifically provides: No settlement after an action has been commenced by or on . . . Plourde, 396 So.2d 1215, 1216 (Fla. 3d DCA 1981) (stating that, pursuant to section 744.387(3)(a), “the . . .

INFINITY INSURANCE COMPANY, v. L. BERGES,, 806 So. 2d 504 (Fla. Dist. Ct. App. 2001)

. . . However, section 744.387(2), Florida Statutes (1990), specifically requires a court-appointed guardian . . . Section 744.387(1), Florida Statutes (1990), further specifies that the court must determine whether . . . amount involved in any instance does not exceed $5,000, without appointment, authority, or bond. . 744.387 . . . guardianship shall be required when the amount of the net settlement to the ward exceeds $5,000. . 744.387 . . .

HERNANDEZ, v. UNITED CONTRACTORS CORP., 766 So. 2d 1249 (Fla. Dist. Ct. App. 2000)

. . . According to section 744.387(1), Florida Statutes (1995): (1) When a settlement of any claim by or against . . . In addition, section 744.387(2), Florida Statutes (1995) provides: In the same manner as provided in . . . We are not aware of any case that limits the statutory language of section 744.387 to tort claims, as . . . Under section 744.387, the court needs to determine that the settlement is in the best interest of the . . .

MENDEZ, a MENDEZ, v. P. SIMON,, 739 So. 2d 101 (Fla. Dist. Ct. App. 1999)

. . . Section 744.387(3) (a) states that no settlement after an action has been commenced on behalf of a minor . . .

BODEK v. GULLIVER ACADEMY, INC., 702 So. 2d 1331 (Fla. Dist. Ct. App. 1997)

. . . . § 744.387(3)(a), Fla. Stat. . . . the First District did in Tucker: We do not believe the provisions of the rule [1.442] and Section 744.387 . . .

NAGHTIN, Sr. Jr. d b a v. JONES, a By JONES,, 680 So. 2d 573 (Fla. Dist. Ct. App. 1996)

. . . trial court approved the settlement agreement and the disbursement of the $800,000 pursuant to section 744.387 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . . § 744.387, Fla.Stat. Settlement of claims. § 744.391, Fla.Stat. . . . Natural guardians. § 744.387, Fla.Stat. Settlement of claims. § 744,391, Fla.Stat. . . .

F. SULLIVAN, Jr. v. DEPARTMENT OF TRANSPORTATION, a, 595 So. 2d 219 (Fla. Dist. Ct. App. 1992)

. . . Section 744.387(1) declares that a settlement which is made before any lawsuit has been filed by a guardian . . . Section 744.387(2) permits a natural guardian of a minor to settle a claim on behalf of a minor that . . . Section 744.387(3)(a) requires court approval of any settlement after an action is commenced involving . . . Section 744.387(3)(b) requires the appointment of a guardian in any net settlement to a ward which exceeds . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . . § 744.387, Fla.Stat. Settlement of claims. § 744.441, Fla.Stat. . . .

ARTIGAS, v. WINN DIXIE STORES, INC., 578 So. 2d 356 (Fla. Dist. Ct. App. 1991)

. . . See Section 744.102(4) and Sections 744.387744.447, Florida Statutes (1989). . . .

In SMITH a By, 926 F.2d 1027 (11th Cir. 1991)

. . . . § 744.387(3)(a), and approved it. See Exhibit D. . . . In fact, the only guidance on the particular subject was Fla.Stat. § 744.387(3)(a), which was enacted . . . Fla.Stat. § 744.387(3)(a). . The Eleventh Circuit, in the en banc decision Bonner v. . . .

A. REED, a By A. REED L. A. L. v. UNITED STATES, 891 F.2d 878 (11th Cir. 1990)

. . . . § 744.387(3)(a). . . .

M. BURDEN v. J. DICKMAN, Ad, 547 So. 2d 170 (Fla. Dist. Ct. App. 1989)

. . . of Probate and Guardianship Procedure 5.120, Florida Rule of Civil Procedure 1.210(b), and section 744.387 . . .

B. LOPER B. P. A. v. APFELBECK, Jr., 541 So. 2d 1222 (Fla. Dist. Ct. App. 1989)

. . . . § 744.387(3)(a), Fla.Stat. (1987). . . .

BUNCAYO, a v. DRIBIN, Ad, 533 So. 2d 935 (Fla. Dist. Ct. App. 1988)

. . . . § 744.387(2), Fla.Stat. (1987). . . . Again a guardian ad litem was appointed pursuant to section 744.387(2). . . . See § 744.387(1), Fla.Stat. (1987). . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 744.387 Settlement of claims. F.S. 744.427 Annual returns. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 744.387 Settlement of claims. F.S. 744.427 Annual returns. . . .

A. REED, a By A. REED L. A. L. v. UNITED STATES, 717 F. Supp. 1511 (S.D. Fla. 1988)

. . . . § 744.387(3)(a). . . . Stat. § 744.387, the settlement was in the minor Plaintiff’s best interest. 4) Plaintiffs’ Motion for . . .

ORKIN EXTERMINATION COMPANY, INC. v. LAZARUS,, 512 So. 2d 1120 (Fla. Dist. Ct. App. 1987)

. . . See § 744.387(3) & (4), Fla.Stat. (1985). . . .

COMAS, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 657 F. Supp. 117 (S.D. Fla. 1987)

. . . . § 744.387 (3)(a) (West 1986) and Maugeri v. . . . Stat. § 744.387 would allow a federal court to approve such a settlement as this one, without first receiving . . .

S. NIXON, S. P. A. v. BRYSON, M. Ad, 488 So. 2d 607 (Fla. Dist. Ct. App. 1986)

. . . . § 744.387(1), Fla.Stat. (1985). . . . settlement may be approved unless the trial court is satisfied it is in the minor’s best interests. §§ 744.387 . . . proposed settlement agreement, which agreement included a 40% contingency fee for Ratiner & Glinn, P.A. . 744.387 . . .

COMMUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACHES, v. L. WRIGHT, W. Jr., 452 So. 2d 638 (Fla. Dist. Ct. App. 1984)

. . . In section 744.387(3)(a), it is provided that no settlement after an action has been commenced by or . . .

ASH, v. COCONUT GROVE BANK,, 443 So. 2d 437 (Fla. Dist. Ct. App. 1984)

. . . In that situation, section 744.387(2), Florida Statutes (1981) provides that a legal guardianship of . . .

BULLARD, Jr. v. G. SHARP,, 407 So. 2d 1023 (Fla. Dist. Ct. App. 1981)

. . . application was made to the court for approval of the stipulation and settlement as required by Section 744.387 . . . (Emphasis added.) § 744.387(3)(a), Fla.Stat. (1979). . . . received by the minors is not a sufficient ground for withholding the approval contemplated by Section 744.387 . . .

MAUGERI, Jr. Jr. Jr. III v. PLOURDE,, 396 So. 2d 1215 (Fla. Dist. Ct. App. 1981)

. . . In Section 744.387(3)(a), Florida Statutes (1977), of the Florida Guardianship Law, concerning the procedures . . . This is reinforced by Section 744.387, Florida Statutes (1977), of the Florida Guardianship Law, which . . .

ALL CHILDREN S HOSPITAL, INC. v. FIRST STATE BANK OF MIAMI,, 388 So. 2d 567 (Fla. Dist. Ct. App. 1980)

. . . against a ward may be brought only by petition of the guardian of the property pursuant to Section 744.387 . . . (1), Florida Statutes (1979), or the natural guardian of a minor pursuant to Section 744.387(2), Florida . . .

PHILLIPS, a v. NATIONWIDE MUTUAL INSURANCE COMPANY,, 347 So. 2d 465 (Fla. Dist. Ct. App. 1977)

. . . The trial judge’s reference appears to be to Sec. 744.387(2), Fla.Stat. (1975), effective January 1, . . .

TUCKER, v. SHELBY MUTUAL INSURANCE CO. OF SHELBY, OHIO,, 343 So. 2d 1357 (Fla. Dist. Ct. App. 1977)

. . . provision in the rule for action by the court in entering judgment, the rule conflicts with Section 744.387 . . . We do not believe the provisions of the rule and Section 744.387 are irreconcilable. . . .