Florida/Georgia Personal Injury & Workers Compensation

...4th DCA 2011) (“[Wlhere the question involves interpretation of a statute, it is subject to de novo review.”). “We review the trial court’s factual findings for competent, substantial evidence.” Siewert v. Casey, 80 So.3d 1114, 1116 (Fla. 4th DCA 2012). Section 744.3025(l)(b), Florida Statutes (2009), states that unless a guardian with no potential adverse interest to the minor has already been appointed, “the court shall appoint a guardian ad litem to represent the minor’s interest before appro...

...n and was within the monetary range of the statute. Further support for considering the full $50,000 as a single settlement “involving a minor” comes from the Florida Probate Rules. Rule 5.636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that exceeds $50,000 and affects the interests of the minor, if: (1) there is no court-appoint...

...2d DCA 1992) (referencing other chapter 744 statutory provisions to arrive at the conclusion that, when the monetary threshold amount is met in a pre-suit settlement, the minor’s guardian (natural or appointed) must obtain the circuit court’s approval of the settlement). Because the violation of section 744.3025(1)(b) is alone sufficient to require reversal, we do not need to address the appellants’ other arguments for invalidating the purported settlement agreement....

...rule triggers only when the settlement "exceeds $50,000.” (emphases added). The committee notes to Rule 5.636 makes no reference to this difference, but do note that the 2006 amendment revising the rule was intended "to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing the dollar figure from $25,000 to $50,000 as the threshold for requiring appointment of guardian ad litem....” We take this note describing the amendment to indicate that the rule is meant to mirror th...

...Committee Notes [No Change] Rule History 1992 Revision – 2014 Revision [No Change] 2019 Revision: Amends subdivisions (d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes....

...4th DCA 2011) (“[W]here the question involves interpretation of a statute, it is subject to de novo review.”). “We review the trial court’s factual findings for competent, substantial evidence.” Siewert v. Casey, 80 So. 3d 1114, 1116 (Fla. 4th DCA 2012). Section 744.3025(1)(b), Florida Statutes (2009), states that unless a guardian with no potential adverse interest to the minor has already been appointed, “the court shall appoint a guardian ad litem to represent the minor’s interest before appro...

...d was within the monetary range of the statute. Further support for considering the full $50,000 as a single settlement “involving a minor” comes from the Florida Probate Rules. Rule 5.636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that exceeds $50,000 and affects the interests of the minor, if:...

...2d DCA 1992) (referencing other chapter 744 statutory provisions to arrive at the conclusion that, when the monetary threshold amount is met in a pre-suit settlement, the minor’s guardian (natural or appointed) must obtain the circuit court’s approval of the settlement). Because the violation of section 744.3025(1)(b) is alone sufficient to require reversal, we do not need to address the appellants’ other arguments for invalidating the purported settlement agreement. CONCLUSION The record in this case...

...her attorneys, Miller & Jacobs. However, Progressive and the two other appellees, as parties to the settlement agreement, had an obligation to ensure the settlement was legally binding. Because the proposed settlement did not comply with the requirements of section 744.3025, it was invalid as to the claims of the children....

...on that agreement. We settlement “exceeds $50,000.” (emphases added). The committee notes to Rule 5.636 makes no reference to this difference, but do note that the 2006 amendment revising the rule was intended “to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing the dollar figure from $25,000 to $50,000 as the threshold for requiring appointment of guardian ad litem ....

...ntal disability. Committee notes revised. Statutory References § 393.12, Fla. Stat. 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....

...Citation form changes in committee notes. Statutory References § 393.12, Fla. Stat. 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....

...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. 2006 Revision: Amended to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing dollar figure from $25,000 to $50,000 as threshold 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....

...Committee Notes [No Change] Rule History 1992 Revision – 2014 Revision [No Change] 2019 Revision: Amends subdivisions (d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes....

...In the event and at the time plaintiff submits a renewed motion for approval of settlement, together with a proposed settlement agreement which corrects the deficiencies outlined in this order, the Court shall, by separate order, pursuant to the requirements of § 744.3025(l)(b), Fla....