Florida Statute 744.3025 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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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.

F.S. 744.3025 on Google Scholar

F.S. 744.3025 on Casetext

Amendments to 744.3025

Arrestable Offenses / Crimes under Fla. Stat. 744.3025

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3025.

Annotations, Discussions, Cases:

Cases Citing Statute 744.3025

Total Results: 9

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Court: Fla. | Date Filed: 2023-06-08T00:00:00-07:00

Snippet: settlement of a claim for a ward. §§ 744.1076, 744.3025, 744.3701, Fla. Stat.

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Court: Fla. | Date Filed: 2023-05-11T00:53:00-07:00

Snippet: settlement of a claim for a ward. §§ 744.1076, 744.3025, 744.3701, Fla. Stat.

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

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: § 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

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: 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

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

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

Allen v. Montalvan

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-31T00:00:00-07:00

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

Snippet: So.3d 1114, 1116 (Fla. 4th DCA 2012). Section 744.3025(l)(b), Florida Statutes (2009), states that unless…intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad… settlement). Because the violation of section 744.3025(1)(b) is alone sufficient to require reversal,…did not comply with the requirements of section 744,3025, it was invalid as to the claims of the children…intended "to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing the dollar figure

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-22T00:53:00-07:00

Snippet: 3d 1114, 1116 (Fla. 4th DCA 2012). Section 744.3025(1)(b), Florida Statutes (2009), states that unless…intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian… settlement). Because the violation of section 744.3025(1)(b) is alone sufficient to require reversal,…did not comply with the requirements of section 744.3025, it was invalid as to the claims of the children…intended “to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing the dollar figure

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: 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

Court: Fla. | Date Filed: 2007-02-01T00:00:00-08:00

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: Compromise. -§ 744.301, Fla. Stat. Natural guardians. § 744,3025, Fla. Stat. Claims of minors. § 744.387, Fla. …Amended to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing dollar figure from…References § 744.301, Fla. Stat. Natural guardians. § 744.3025, Fla. Stat. Claims of minors. § 744.387, Fla.