Florida Statute 768.25 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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.

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Amendments to 768.25

Annotations, Discussions, Cases:

Cases Citing Statute 768.25

Total Results: 25

Kenneth R. Cate, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association v. Gordon G. Oldham, Jr., and State of Florida

707 F.2d 1176, 1983 U.S. App. LEXIS 27141

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 1983 | Docket: 496463

Cited 248 times | Published

immunity for certain actions in tort. Fla.Stat. § 768.25. Such waiver does not automatically apply to Eleventh

Gerard v. Dept. of Transp.

472 So. 2d 1170, 10 Fla. L. Weekly 374, 1985 Fla. LEXIS 3660

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 2451776

Cited 13 times | Published

payment of the maximum amount permitted by section 768.25 abrogated the trial court's jurisdiction to

Thompson v. Hodson

825 So. 2d 941

District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 1691138

Cited 12 times | Published

be effective until approved by the court. See § 768.25, Fla. Stat. (1993). As this court has recently

Dudley v. McCormick

799 So. 2d 436, 2001 WL 1440403

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1278069

Cited 10 times | Published

subject to court approval if a survivor objects. See § 768.25, Fla. Stat. (2000). A defendant in a wrongful

In Re Estate of Catapane

759 So. 2d 9, 2000 WL 257099

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 1736345

Cited 10 times | Published

effective unless it is approved by the court. See § 768.25, Fla. Stat. David & French took appropriate steps

Pearson v. DeLamerens

656 So. 2d 217, 1995 WL 322456

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 1283628

Cited 10 times | Published

shall be effective unless approved by the court." § 768.25, Fla. Stat. (1993). If the $10,000 settlement

Maugeri v. Plourde

396 So. 2d 1215

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1732038

Cited 9 times | Published

judge approved the settlement as provided in Section 768.25, Florida Statutes (1977), of the Wrongful Death

Mahon v. City of Largo, Fla.

829 F. Supp. 377, 1993 U.S. Dist. LEXIS 10534, 1993 WL 287397

District Court, M.D. Florida | Filed: Jul 26, 1993 | Docket: 1490395

Cited 8 times | Published

the waiver provisions of the Tort Claims Act, Section 768.25, extend beyond mere negligent conduct to include

Hess v. Hess

758 So. 2d 1203, 2000 WL 628289

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1404148

Cited 7 times | Published

survivors are to be resolved by the trial judge. See § 768.25, Fla. Stat. (1999). This case should not be treated

Joynt v. Star Ins. Co.

314 F. Supp. 3d 1233

District Court, M.D. Florida | Filed: Jun 1, 2018 | Docket: 64319035

Cited 5 times | Published

important to note that prior to the enactment of § 768.25 there was no statutory right to recover for a

Meeker v. Addison

586 F. Supp. 216

District Court, S.D. Florida | Filed: Jul 6, 1984 | Docket: 1505780

Cited 5 times | Published

immunity for certain actions in tort. Fla.Stat. § 768.25 [sic]. Such waiver does not automatically apply

Guadalupe v. Peterson

779 So. 2d 494, 2000 WL 1781448

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 2544887

Cited 3 times | Published

never approved the settlement as required by section 768.25, Florida Statutes (1997), and that the personal

Sullivan v. Department of Transp.

595 So. 2d 219, 1992 WL 35374

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 1298811

Cited 3 times | Published

child pursuant to the guardianship law; and 7. Section 768.25 provides that while an action is pending, no

Thomas v. Administrative Committee of the Wal-Mart Stores, Inc.

210 F. Supp. 2d 1296, 28 Employee Benefits Cas. (BNA) 1458, 2002 U.S. Dist. LEXIS 10209, 2002 WL 1257861

District Court, M.D. Florida | Filed: Apr 16, 2002 | Docket: 34947

Cited 2 times | Published

ERISA preemption. Moreover, Thomas argues that section 768.25 prevents apportionment of a settlement "which

Peterson v. MORTON F. PLANT HOSP.

656 So. 2d 501, 1995 WL 232661

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1283571

Cited 1 times | Published

had not been judicially approved pursuant to section 768.25, Florida Statutes (1993), when the trial began

Walker v. Bailey

89 So. 3d 297, 2012 WL 1956417, 2012 Fla. App. LEXIS 8812

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60308761

Published

to determine the settlement’s reasonableness. § 768.25, Fla. Stat. (2011); Dudley v. McCormick, 799 So

In re Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

Stat. Protection of minors and incompetents. § 768.25, Fla. Stat. Court approval of settlements. Rule

Brunson v. McKay

905 So. 2d 1058, 2005 Fla. App. LEXIS 11027, 2005 WL 1677939

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839487

Published

ruling was based on a misreading of the Act. Section 768.25 of the Act governs the settlement of wrongful

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Stat. Protection of minors and incompetents. § 768.25, Fla. Stat. Court approval of settlements. Rule

Kilpatrick v. Ogden Entertainment, Inc.

745 So. 2d 492, 1999 WL 1049345

District Court of Appeal of Florida | Filed: Nov 22, 1999 | Docket: 1689239

Published

Kilpatrick was paid $100,000 as permitted under section 768.25, Florida Statutes (1991). That portion of Kilpatrick's

Paushter v. South Broward Hospital District

664 So. 2d 1032, 1995 Fla. App. LEXIS 11937, 1995 WL 675338

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64760934

Published

the statutory waiver of sovereign immunity, section 768.25, Florida Statutes (1993). The District based

Continental National Bank v. Brill

638 So. 2d 1056, 1994 Fla. App. LEXIS 6266, 1994 WL 284624

District Court of Appeal of Florida | Filed: Jun 28, 1994 | Docket: 64749331

Published

The parties settled for $675,000. Pursuant to section 768.25, Florida Statutes (1993), the trial court approved

Colvin v. Curtis

860 F. Supp. 1503, 1993 U.S. Dist. LEXIS 20247, 1993 WL 733106

District Court, M.D. Florida | Filed: Jul 30, 1993 | Docket: 1979038

Published

Sheriff in light of Fla.Stat. 768.25. His argument is incorrect. Florida Statute 768.25 is irrelevant to

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

Fla.Stat. Protection of minors and incompetents. § 768.25, Fla.Stat. Court approval of settlements. Rule

Columbia County Sheriff's Office v. Florida Department of Law Enforcement

574 So. 2d 234, 1991 Fla. App. LEXIS 775, 1991 WL 10397

District Court of Appeal of Florida | Filed: Jan 30, 1991 | Docket: 64656315

Published

statute of limitations began to run. Relying on section 768.25, Florida Statutes (1987),2 the Sheriff’s Office

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.