Maugeri v. PlourdeMaugeri v. Plourde
Schwartz, Klein & Steinhardt and Jay S. Weiss, Miami, for appellants.
Adams & Ward and Robert C. Ward, Miami, for appellees.
Before DANIEL PEARSON and FERGUSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.
PEARSON, TILLMAN (Ret.), Associate Judge.
Plaintiff Rose Etta Maugeri, suing as an individual, as the personal representative of her husband‘s estate and as the natural guardian of the two minor children of the marriage, brought an action against defendants John Plourde, Darlene Shipman and Allstate Insurance Company for the wrongful death of her husband. Because the subsequent settlement of the action — reached during trial — affected a minor survivor, the trial judge approved the settlement as provided in
In her motion to set aside, the plaintiff argued that the settlement was not “... properly sanctioned and approved according to law by the appropriate courts...” In support of her position, the plaintiff has presented two points on appeal, urging (1) that a trial judge who is a member of the general jurisdiction division of the circuit court lacks the authority to approve the settlement of a minor‘s wrongful death claim in excess of $5,000 without a guardianship proceeding and (2) that under such circumstances, approval must be by a circuit court judge who is a member of the probate division of the circuit court. We cannot agree with either argument and, accordingly, we affirm the appealed order.
Taking the plaintiff‘s second point first, i.e., that only a circuit court judge who is a member of the probate division may approve such a settlement, we find that the plaintiff‘s position is contrary to the plain language of the Wrongful Death Act.
Court approval of settlement. — 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.
Protection of minors and incompetents. — The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law.
In
No settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action.
It is clear from this language that the only court having jurisdiction to approve the settlement of a minor‘s claim in a pending action is the court in which the action is pending. Although the plaintiff claims that a minor litigant may need protection from the estate or the natural guardian in the apportionment proceedings, nonetheless, the law provides for such protection through the appointment of a guardian ad litem when the court thinks such protection is advisable. See
The plaintiff‘s first point in effect claims that there must be a proceeding under the Florida Guardianship Law, Chapter 744, Florida Statutes (1977), before there can be an approval of the settlement of a minor‘s claim, where the amount of the settlement is more than $5,000. In this case, the important statutory provisions are found in
(2) The natural guardian or guardians may collect, receive, manage, and dispose of any real or personal property distributed from an estate or trust or proceeds from a life insurance policy to the child during minority, or otherwise owed by the child during minority, when the amount involved in any instance does not exceed $5,000, without appointment, authority or bond.
(3) All instruments executed by a natural guardian under the powers provided for in subsection (2) shall be binding on the ward.
This statutory section obviously requires protection of the minor‘s property after the settlement has been approved by the trial court. Cf. Tucker v. Shelby Mutual Insurance Co. of Shelby, Ohio, 343 So.2d 1357 (Fla.1st DCA 1977). This is reinforced by
We think it appropriate to comment that every judge of the circuit court possesses the full jurisdiction of that court in his of her circuit and that the various divisions of that court operate in multi-judge circuits for the convenience of the litigants and for the efficiency of the administration of the circuits’ judicial business. See In the Interest of Wendy Dee Peterson, 364 So.2d 98 (Fla.4th DCA 1978); and Guardianship of Bentley, 342 So.2d 1045 (Fla.4th DCA 1977).
Affirmed.