Florida Statute 744.3025 - 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. 744.3025

744.3025 Claims of minors.—

(1)(a) The court may appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s portion of the claim in a case in which a minor has a claim for personal injury, property damage, wrongful death, or other cause of action in which the gross settlement of the claim exceeds $15,000 if the court believes a guardian ad litem is necessary to protect the minor’s interest.

(b) Except as provided in paragraph (e), the court shall appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s claim in a case in which the gross settlement involving a minor equals or exceeds $50,000.

(d) The duty of the guardian ad litem is to protect the minor’s interests as described in the Florida Probate Rules.

(e) A court need not appoint a guardian ad litem for the minor if a guardian of the minor has previously been appointed and that guardian has no potential adverse interest to the minor.

(2) Unless waived, the court shall award reasonable fees and costs to the guardian ad litem to be paid out of the gross proceeds of the settlement.

(3) A settlement of a claim pursuant to this section is subject to the confidentiality provisions of this chapter.

History.—s. 4, ch. 2006-178; s. 5, ch. 2015-83.

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Amendments to 744.3025

Annotations, Discussions, Cases:

Cases Citing Statute 744.3025

Total Results: 8

Allen v. Montalvan

201 So. 3d 705, 2016 Fla. App. LEXIS 13214

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 60257048

Cited 1 times | Published

80 So.3d 1114, 1116 (Fla. 4th DCA 2012). Section 744.3025(l)(b), Florida Statutes (2009), states that

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

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

Published

§ 733.708, Fla. Stat. Compromise. § 744.3025, Fla. Stat. Claims of minors. § 744.3085

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

(d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes. Committee notes revised

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

(d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes. Committee notes revised

Latasha Fulton Allen and Travis Allen, as parents and natural guardians of T.A., a minor child Latasha Fulton Allen, as mother and natural guardian of T.S., a minor child, and Latasha Fulton Allen, as legal guardian of S.K., a minor child v. Oscar Montalvan, Claudia Debusk f/k/a Claudia Montalvan, and Progressive Insurance Company

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081246

Published

So. 3d 1114, 1116 (Fla. 4th DCA 2012). Section 744.3025(1)(b), Florida Statutes (2009), states that

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

separate order, pursuant to the requirements of § 744.3025(l)(b), Fla. Stat., appoint a guardian ad li-tem

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

Administrator ad litem. § 733.708, Fla. Stat. Compromise. § 744.3025, Fla. Stat. Claims of minors. *589 § 744.3085

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

Compromise. -§ 744.301, Fla. Stat. Natural guardians. § 744,3025, Fla. Stat. Claims of minors. § 744.387, Fla