Significantly, “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,” Florida law requires the appointment of a guardian ad litem to represent the minor's interest. See Fla. Stat. § 744.3025( b); Fla. Prob. R. 5.636(d). Here, although the gross settlement proceeds to the minor child far exceed $50,000, Plaintiff has not requested or obtained a guardian ad litem to represent the minor. Plaintiff appears to contend that a guardian ad litem is not necessary under the circumstances of this case and asserts that, under Rule 17 of the Federal Rules of Civil Procedure, “[w]here there is no conflict between the ward and [her] natural parents, there is no need to appoint a guardian ad litem . . . .” See DCSB Motion at 3 (citing Burke v. Smith, 252 F.3d 1260, 1264 (11th Cir. 2001)); ESS Motion at 3 (same). Nevertheless, even if the Court is not required to appoint a guardian ad litem, the Court has discretion to do so and, as noted above, the Court finds it prudent to follow the requirements of Florida law on these matters. Indeed, the Court can discern no reason why minors in federal court should… On July 27, 2021, Plaintiff notified the Court that the parties reached a settlement, the proceeds of which are to be allocated among the statutory survivor claimants, including Decedent's minor children, O.A.S.; R.F.S.; C.A.S.; A.S.; J.D.S.; and J.A.S. (Doc. 50; see Doc. 51). Pursuant to Federal Rule of Civil Procedure 17(c) and Florida Statutes § 744.3025(1), at Plaintiff's unopposed request, the Court appointed Attorney Eric Milles, Esq. as the Guardian/Attorney Ad Litem to review the settlement to ensure it was in the best interest of the minor children. See Docs. 54-55. The undersigned ordered Mr. Milles to file a report with the Court on or about September 3, 2021 concerning the reasonableness of the settlement, including the proposed settlement amount and the manner in which the proceeds are intended to be distributed. (Doc. 55). The undersigned further ordered that “[f]iling of the settlement agreement with the Court for review shall be deferred, pending the anticipated motion for approval of the guardian ad litem's report.” (Id.).Under Florida law, because RLC is a minor, it must be determined whether the appointment of a guardian ad litem should be required to protect his interests. Under Florida Statute section 744.3025(1)(a) (2020), before approving a settlement of the minor's portion of the claim, the court has discretion to appoint a guardian ad litem if the gross settlement of the claim exceeds $15,000, and “the court believes a guardian ad litem is necessary to protect the minor's interest.” Under subsection (b) of 744.3025(1), “[T]he 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.”§ 744.3025, Fla. Stat. Claims of minors.[No Change] 2019 Revision: Amends subdivisions (d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes. Committee notes revised. Statutory References [No Change] Rule References [No
2019 Revision: Amends subdivisions (d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes. Committee notes revised."Under Florida Law, the settlement of a claim on a minor's behalf becomes effective only when certain procedures are followed. Where, as here, the settlement was reached after the start of litigation, any settlement on behalf of a minor requires the approval of the court 'having jurisdiction of the action.'" Meyers v. U.S., No. 6:13-cv-1555-Orl-41TBS, 2014 WL 5038585, at *2 (M.D. Fla. Sept. 29, 2014) (citing FLA. STAT. § 744.387(3)(a)). The Court may authorize the natural guardians "to collect the amount of the settlement or judgment and to execute a release or satisfaction.'" A.G.R. by and Through Rios v. United States, No. 218CV342FTM38MRM, 2019 WL 454449, at *2 (M.D. Fla. Jan. 31, 2019) (citing FLA. STAT. § 744.387(b)), report and recommendation adopted, No. 218CV342FTM38MRM, 2019 WL 447868 (M.D. Fla. Feb. 5, 2019). A guardian ad litem may be appointed to represent a minor's interest before approving a settlement that is valued at more than $15,000, if the Court deems such appointment necessary. See FLA. STAT. § 744.3025( 1)(a). A guardian ad litem must be appointed to represent a minor's interest before approving a settlement of the minor's claim in a case in which… Under Florida law, "[w]hen 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, . . . the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward." Fla. Stat. § 744.387(1). Moreover, "[n]o 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." Fla. Stat. § 744.387(3)(a). Section 744.387(b) also provides that "[i]n the event of settlement," a "court may authorize the natural guardians . . . to collect the amount of the settlement or judgment and to execute a release or satisfaction." Furthermore, Florida law requires a court to "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 equals or exceeds $50,000.00." Fla. Stat. § 744.3025( 1)(b). The duty of the guardian ad litem is to protect the minor's interests as described in the Florida Probate Rules. Fla. Stat. … The undersigned further notes that pursuant to Fla. Stat. § 744.3025, a guardian ad litem shall be appointed for approval of settlement agreements wherein the gross settlement amount exceeds $50,000. Fla. Stat. § 744.3025(1)(b), (d). Here, the gross settlement amount does not meet that threshold. (Doc. S-82). --------. . . Section 744.3025(l)(b), Florida Statutes (2009), states that unless a guardian with no potential adverse . . . Rule 5.636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall . . . Because the violation of section 744.3025(1)(b) is alone sufficient to require reversal, we do not need . . . note that the 2006 amendment revising the rule was intended "to reflect 2006 passage of new section 744.3025 . . .
. . . deficiencies outlined in this order, the Court shall, by separate order, pursuant to the requirements of § 744.3025 . . .
. . . . § 744.3025, Fla. Stat. Claims of minors. § 744.3085, Fla. Stat. . . .
. . . 2003 Revision: Committee notes revised. 2006 Revision: Amended to reflect 2006 passage of new section 744.3025 . . . Natural guardians. § 744.3025, Fla. Stat. Claims of minors. § 744.387, Fla. Stat. . . .