768.25
Court approval of settlements.
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768.25 Court approval of settlements.—While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.
History.—s. 1, ch. 72-35.
Notes of Decisions
Cited in 25
cases (1 in the last 5 years), 1981–2023 · leading case: Thompson v. Hodson
Thompson v. Hodson (2002)
“See § 768.25, Fla. Stat. (1993). As this court has recently stated: *950 If the personal representative secures a recovery in a wrongful death case, the personal representative apportions it among those entitled to receive it, subject to court approval if a survivor objects.”
Pearson v. DeLamerens (1995)
“" § 768.25, Fla. Stat. (1993). If the ,000 settlement offer had not been accepted, then the litigation would have proceeded as to the father's claim with only the mother's claim being settled.”
Maugeri v. Plourde (1981)
“Because the subsequent settlement of the action reached during trial affected a minor survivor, the trial judge approved the settlement as provided in Section 768.25, Florida Statutes (1977), of the Wrongful Death Act.”
Dudley v. McCormick (2001)
“See § 768.25, Fla. Stat. (2000). A defendant in a wrongful death action need not apportion a proposed settlement among the estate and survivors on behalf of whom the personal representative is acting in order to comply with the requirements of section 768.”
Brunson v. McKay (2005)
“Section 768.25 of the Act governs the settlement of wrongful death claims for which an action is pending at the time a settlement is reached.”
Gerard v. Dept. of Transp. (1985)
“) We, however, do not agree that payment of the maximum amount permitted by section 768.25 abrogated the trial court's jurisdiction to adjudicate Gerard's claim against the Department of Transportation.”
Meeker v. Addison (1984)
“Fla.Stat. § 768.25 [sic]. Such waiver does not automatically apply to Eleventh Amendment immunity in federal courts.”
In Re Estate of Catapane (2000)
“See § 768.25, Fla. Stat. David & French took appropriate steps to mitigate any conflict of interest they may have had while apportioning the settlement fund in this case.”
Hess v. Hess (2000)
“See § 768.25, Fla. Stat. (1999). This case should not be treated any differently because the personal representative expeditiously settled the claim without filing suit.”
Thomas v. Administrative Committee of the Wal-Mart Stores, Inc. (2002)
“Moreover, Thomas argues that section 768.25 prevents apportionment of a settlement “which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court,” and as such, the circuit court is the proper forum for approval of the settlement and…”
Amendments to the Florida Probate Rules (2003)
“§ 768.25, Fla. Stat. Court approval of settlements.”
Joynt v. Star Ins. Co. (2018)
“Although the Court's holding here may, to some, seem to unfairly restrict the means of recovery for tort victims, it is important to note that prior to the enactment of § 768.25 there was no statutory right to recover for a county's negligence at all.”
— 768.25(5) — 1 case
Gerard v. Dept. of Transp. (1985)
“) We, however, do not agree that payment of the maximum amount permitted by section 768.25 abrogated the trial court's jurisdiction to adjudicate Gerard's claim against the Department of Transportation.”
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