Florida Statutes
Fla. Stat. § 744.387 (2025)
Settlement of claims.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.387 Settlement of claims.—
(1) When 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, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it.
(2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000.
(3)(a) No 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.
(b) In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.
(4) In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.
History.—s. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 3, ch. 78-342; s. 10, ch. 79-221; s. 63, ch. 89-96; s. 48, ch. 90-271; s. 10, ch. 2002-195.
Note.—Created from former s. 744.60.
Notes of Decisions
Cited in 60
cases (13 in the last 5 years), 1977–2025 · leading case: Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004).
Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004). “[3] Section 744.387(1), Florida Statutes (Supp.”
Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005). “The court relied on precedent in other jurisdictions and on a state law, similar to section 744.387, Florida Statutes, that required court approval for parents to settle or release a child's post-injury claim.”
In Re Beth Ratcliffe Smith & Natalie Dawn Smith, a Minor Child, by & Through Her Next Friend, Parent, & Nat. Guardian Beth Ratcliffe Smith, 926 F.2d 1027 (11th Cir. 1991). “But the court will not approve this agreement as being against public policy. We’ll stand adjourned.”
Nixon v. Bryson, 488 So. 2d 607 (Fla. 3d DCA 1986). “§ 744.387(1), Fla. Stat. (1985). [2] "No settlement *609 after an action has been commenced by or on behalf of a minor.”
Bullard v. Sharp, 407 So. 2d 1023 (Fla. 4th DCA 1981). “Because some of the parties were minors, application was made to the court for approval of the stipulation and settlement as required by Section 744.387, Florida Statutes, 1979. The court refused to approve the stipulation ascribing as grounds for refusal that the court ".”
Hernandez v. United Contractors Corp., 766 So. 2d 1249 (Fla. 3d DCA 2000). “*1254 We are not aware of any case that limits the statutory language of section 744.387 to tort claims, as United contends.”
Maugeri v. Plourde, 396 So. 2d 1215 (Fla. 3d DCA 1981). “This is reinforced by Section 744.387, Florida Statutes (1977), of the Florida Guardianship Law, which is quoted from above in our discussion of point two and which specifically provides for approval of settlements by ".”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.387, Fla. Stat. Settlement of claims.”
Tucker v. Shelby Mut. Ins. Co. of Shelby, Ohio, 343 So. 2d 1357 (Fla. 1st DCA 1977). “Moreover, they state that there being no provision in the rule for action by the court in entering judgment, the rule conflicts with Section 744.387, Florida Statutes (1975), requiring that offers of settlement to minors must first be approved by the court.”
In Re Seminole Walls & Ceilings Corp., 388 B.R. 386 (M.D. Fla. 2008). “Fla. Stat. § 744.387 (3)(a). At the time of Benjamin's death his parents had executed an affidavit requesting court approval of the settlement but the settlement had not yet been submitted for approval.”
Reed by & Through Reed v. United States, 717 F. Supp. 1511 (S.D. Fla. 1988). “3) The Court finds that pursuant to Fla. Stat. § 744.387 , the settlement was in the minor Plaintiff’s best interest.”
Sullivan v. Dep't of Transp., 595 So. 2d 219 (Fla. 2d DCA 1992). “Section 744.387(1) declares that a settlement which is made before any lawsuit has been filed by a guardian on behalf of a ward may be approved by the court, upon the guardian's petition, when the settlement is in the best interest of the ward; 3.”
— 744.387(1) — 12 cases
Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004). “[3] Section 744.387(1), Florida Statutes (Supp.”
Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005). “The court relied on precedent in other jurisdictions and on a state law, similar to section 744.387, Florida Statutes, that required court approval for parents to settle or release a child's post-injury claim.”
Nixon v. Bryson, 488 So. 2d 607 (Fla. 3d DCA 1986). “§ 744.387(1), Fla. Stat. (1985). [2] "No settlement *609 after an action has been commenced by or on behalf of a minor.”
Hernandez v. United Contractors Corp., 766 So. 2d 1249 (Fla. 3d DCA 2000). “*1254 We are not aware of any case that limits the statutory language of section 744.387 to tort claims, as United contends.”
Infinity Ins. Co. v. Berges, 806 So. 2d 504 (Fla. 2d DCA 2001).
— 744.387(2) — 13 cases
Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004). “[3] Section 744.387(1), Florida Statutes (Supp.”
Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005). “The court relied on precedent in other jurisdictions and on a state law, similar to section 744.387, Florida Statutes, that required court approval for parents to settle or release a child's post-injury claim.”
Ash v. Coconut Grove Bank, 448 So. 2d 605 (Fla. 3d DCA 1984).
Hernandez v. United Contractors Corp., 766 So. 2d 1249 (Fla. 3d DCA 2000). “*1254 We are not aware of any case that limits the statutory language of section 744.387 to tort claims, as United contends.”
Shea v. Global Travel Mktg., Inc., 870 So. 2d 20 (Fla. 4th DCA 2003).
— 744.387(3) — 3 cases
Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004). “[3] Section 744.387(1), Florida Statutes (Supp.”
Orkin Extermination Co. v. Lazarus, 512 So. 2d 1120 (Fla. 3d DCA 1987).
AH v. Collegiate Prep Realty, LLC (M.D. Fla. 2024).
— 744.387(3)(a) — 21 cases
Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005). “The court relied on precedent in other jurisdictions and on a state law, similar to section 744.387, Florida Statutes, that required court approval for parents to settle or release a child's post-injury claim.”
In Re Beth Ratcliffe Smith & Natalie Dawn Smith, a Minor Child, by & Through Her Next Friend, Parent, & Nat. Guardian Beth Ratcliffe Smith, 926 F.2d 1027 (11th Cir. 1991). “But the court will not approve this agreement as being against public policy. We’ll stand adjourned.”
Maugeri v. Plourde, 396 So. 2d 1215 (Fla. 3d DCA 1981). “This is reinforced by Section 744.387, Florida Statutes (1977), of the Florida Guardianship Law, which is quoted from above in our discussion of point two and which specifically provides for approval of settlements by ".”
Nixon v. Bryson, 488 So. 2d 607 (Fla. 3d DCA 1986). “§ 744.387(1), Fla. Stat. (1985). [2] "No settlement *609 after an action has been commenced by or on behalf of a minor.”
Bodek v. Gulliver Academy, Inc., 702 So. 2d 1331 (Fla. 3d DCA 1997).
— 744.387(3)(b) — 1 case
Sullivan v. Dep't of Transp., 595 So. 2d 219 (Fla. 2d DCA 1992). “Section 744.387(1) declares that a settlement which is made before any lawsuit has been filed by a guardian on behalf of a ward may be approved by the court, upon the guardian's petition, when the settlement is in the best interest of the ward; 3.”
— 744.387(4) — 1 case
Mularz v. The Stand. Fire Ins. Co. (M.D. Fla. 2025).
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