Florida Statutes

Fla. Stat. § 744.357 (2025)

Liability of surety.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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744.357 Liability of surety.—No surety for a guardian shall be charged beyond the property of the ward.

History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 43, ch. 89-96; s. 27, ch. 90-271.

Note.—Created from former s. 744.43.

Notes of Decisions

Cited in 5 cases, 1996–2017 · leading case: Nichols v. Preferred Nat. Ins. Co., 704 So. 2d 1371 (Fla. 1997).

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Nichols v. Preferred Nat. Ins. Co., 704 So. 2d 1371 (Fla. 1997). · cites it 8× “The district court found, however, that section 744.357, Florida Statutes (1995), limited any such fees to the face amount of the bond because that section specifically provides that "[n]o surety for a guardian shall be charged beyond the property of the ward.”

David Boland, Inc. v. Trans Coastal Roofing Co., 851 So. 2d 724 (Fla. 2003). · cites it 6× “428, the provision of section 744.357, Florida Statutes (1995), that "[n]o surety for a guardian shall be charged beyond the property of the ward," limits total recovery from a guardianship surety to the face amount of the guardianship bond.”

Sanchez v. AN Luxury Imports of Pembroke Pines, Inc., 216 So. 3d 723 (Fla. 4th DCA 2017). · cites it 6× “428, the provision of section 744.357, Florida Statutes (1995), that “[n]o surety for a guardian shall be charged beyond the property of the ward,” limits total recovery from a guardianship surety to the face amount of the guardianship bond.”

Old Repub. Sur. Co. v. Reischmann, 713 So. 2d 434 (Fla. 2d DCA 1998). · cites it 4× “Nichols also concluded that section 744.357, Florida Statutes (1995), [3] does not preclude an award of attorneys' fees and costs beyond the penal sum of the guardianship bond where the attorneys' fees and costs were incurred as a result of the surety's misconduct, rather than…”

Preferred Nat'l Ins. Co. v. Nichols, 682 So. 2d 585 (Fla. 1st DCA 1996). · cites it 3× “428 does apply to sureties of guardianship bonds, its total liability, including attorney fees but not interest, may not exceed the penal sum of the bond, citing section 744.357, Florida Statutes (1993).”

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