Opinion

P.W. v. Duval County School Board

Court
District Court, M.D. Florida
Filed
Oct 25, 2022
Cited by
0 cases
Authority
More cited than 19.9%

observing that failure to apply state law regarding the settlement of a minor’s claim “would result in an ‘inequitable administration’ of the laws”

How later courts described this case

  • observing that failure to apply state law regarding the settlement of a minor’s claim “would result in an ‘inequitable administration’ of the laws”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

P.W., individually, and as Parent

and Natural Guardian of B.W.,

a minor,

Plaintiffs,

v. Case No. 3:20-cv-1464-MMH-MCR

DUVAL COUNTY SCHOOL

BOARD, et al.,

Defendants.

/

ORDER

THIS CAUSE is before the Court on the Motion for Order Authorizing

Settlement of Minor’s Claim Against Duval County School Board (Doc. 30;

DCSB Motion), filed on August 25, 2022, and the In Camera Motion for Order

Authorizing Settlement of Minor’s Claim Against ESS Southeast, LLC., and

Holly Sheffield Thomas (Doc. 36; ESS Motion). In the Motions, Plaintiff P.W.,

individually and as the parent and natural guardian of B.W., her minor child,

seeks this Court’s approval of the settlements of the claims brought in the

above-styled cause against Defendant Duval County School Board (DCSB), see

DCSB Motion at 1, and Defendants ESS Southeast, LLC and Holly Sheffield

Thomas, see ESS Motion at 1. Plaintiff represents to the Court that

Defendants have no objection to the relief requested in the Motions. See DCSB

Motion at 4; ESS Motion at 4. Upon review, the Court finds it necessary to

deny the Motions without prejudice to the filing of renewed motions which

address the issues identified below.

Under Florida law,1 the settlement of an action commenced by or on

behalf of a minor child is not effective “unless approved by the court having

jurisdiction of the action.” See Fla. Stat. § 744.387(3)(a). The purpose of this

requirement is to “protect the interests of the minor and the guardian and to

ensure that any release given on behalf of the minor is legally effective.” See

McLaughlin v. Lara, 133 So. 3d 1004, 1006 (Fla. 2d Dist. Ct. App. 2013). In

reviewing the settlement, the Court must determine whether the settlement is

in the best interests of the minor child. See Bullard v. Sharp, 707 So. 2d 1023,

1024 (Fla. 4th Dist. Ct. App. 1981); see also Fla. Stat. § 744.387(1). In doing

1 The Court acknowledges that as a case filed in federal court arising in part under

federal law, it is arguable whether Florida law regarding the approval of a minor’s settlement

agreement applies to this action. See Garcia v. United States, No. 2:16-cv-168-FtM-38MRM,

2018 WL 889433, at *2 n.3. (M.D. Fla. Jan. 26, 2018) adopted by 2018 WL 838975, at *1 (M.D.

Fla. Feb. 13, 2018); see also Casey v. Gartland, No. 2:18cv890-MHT, 2020 WL 4470444, at *1

(M.D. Ala. Aug. 4, 2020) (“It is unclear whether federal or state law governs whether a federal

court should approve the settlement of a federal claim brought by, or otherwise implicating

the interest of, a minor . . . .”); Meyers v. United States, No. 6:13-cv-1555-Orl-41TBS, 2014 WL

5038585, at *2-4 (M.D. Fla. Sept. 29, 2014). Regardless, the Court finds it both useful and

appropriate to follow state law when asked to approve a minor’s settlement given that state

law on the relevant issues “is well developed, while federal law on these issues is limited.”

See Meyers, 2014 WL 503585, at *4; Casey, 2020 WL 4470444, at *1 (applying state law in

reviewing settlement of a minor’s federal claim because state law is “fairly settled and easily

discernable” and because federal law, to the extent it applied, was unlikely to be substantively

or procedurally different in any material way).

so, the Court considers whether the settlement is “‘fair, adequate and

reasonable and is not the product of collusion between the parties.’” See In re

Smith, 926 F.2d 1027, 1029 (11th Cir. 1991) (quoting Cotton v. Hinton, 559 F.2d

1326, 1330 (5th Cir. 1977)).

Significantly, “before approving a settlement of the minor’s claim in a case

in which the gross settlement involving a minor equals or exceeds $50,000,”

Florida law requires the appointment of a guardian ad litem to represent the

minor’s interest. See Fla. Stat. § 744.3025(b); Fla. Prob. R. 5.636(d). Here,

although the gross settlement proceeds to the minor child far exceed $50,000,

Plaintiff has not requested or obtained a guardian ad litem to represent the

minor. Plaintiff appears to contend that a guardian ad litem is not necessary

under the circumstances of this case and asserts that, under Rule 17 of the

Federal Rules of Civil Procedure, “[w]here there is no conflict between the ward

and [her] natural parents, there is no need to appoint a guardian ad litem . . . .”

See DCSB Motion at 3 (citing Burke v. Smith, 252 F.3d 1260, 1264 (11th Cir.

2001)); ESS Motion at 3 (same).2 Nevertheless, even if the Court is not

2 In Burke v. Smith, the Eleventh Circuit Court of Appeals held that “‘[t]he

appointment of a guardian ad litem is a procedural question controlled by Rule 17(c) of the

Federal Rules of Civil Procedure’” and explained that “[g]enerally, when a minor is

represented by a parent who is a party to the lawsuit and who has the same interests as the

child there is no inherent conflict of interest.” See Burke, 252 F.3d at 1264. Notably, Burke

concerned the settlement of a minor’s claim under Alabama law and does not specifically

address the requirements of Florida law discussed here. Moreover, notwithstanding its

decision on guardianship, the court in Burke rejected the contention that Rule 17 otherwise

governed the capacity of a minor to enter a settlement. Id. at 1265-66.

required to appoint a guardian ad litem, the Court has discretion to do so and,

as noted above, the Court finds it prudent to follow the requirements of Florida

law on these matters. Indeed, the Court can discern no reason why minors in

federal court should receive fewer protections than those proceeding in state

court. See Burke, 252 F.3d at 1266 (observing that failure to apply state law

regarding the settlement of a minor’s claim “would result in an ‘inequitable

administration’ of the laws”).

In light of the foregoing, the Court will deny the Motions without

prejudice to the filing of renewed motions that comply with the requirements of

Florida law governing the settlement of a minor’s claim.3 The Court notes that

the current Motions are also deficient in that Plaintiff fails to provide the Court

with “copies of all agreements, releases, or other documents to be executed on

behalf of the minor.” See Fla. Probate R. 5.636(b)(7). In addition, the DCSB

Motion appears to contain a significant error in its description of how the funds

will be disbursed between P.W. and B.W. which requires clarification. See

DCSB Motion at 3, e. and f. Thus, any renewed motions must address these

deficiencies as well.4 Accordingly, it is

3 The Court acknowledges that B.W. will reach the age of majority in a matter of

months. Thus, in the alternative, the parties may seek a stay of this action until such time

as B.W. is no longer a minor and can enter the settlement on her own behalf.

4 Given the privacy concerns of the minor, Plaintiff may submit copies of the

agreements for the Court’s review to the undersigned’s chambers email address.

ORDERED:

1. Plaintiff's Motion for Order Authorizing Settlement of Minor’s Claim

Against Duval County School Board (Doc. 30) and In Camera Motion for

Order Authorizing Settlement of Minor’s Claim Against ESS Southeast,

LLC., and Holly Sheffield Thomas (Doc. 36) are DENIED without

prejudice to filing a renewed motion that addresses the issues identified

in this Order.

2. Plaintiff shall have up to and including November 10, 2022, to file

appropriate motions.

3. The Clerk of the Court is directed to administratively close this case

pending further Order of the Court.

DONE AND ORDERED in Jacksonville, Florida this 25th day of

October, 2022.

United States District Judge

Ie11

Copies to:

Counsel of Record

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