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IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES Part III

IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES Part III
07/03/07

IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES

IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES 


 


 


Supreme Court of Florida


 


 


____________


 


No. SC06-2148


____________


 


 


IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES.


 


 


 


[February 1, 2007]


 




STORY CONTINUED FROM PART II………..





Committee Notes



When a civil action is pending, the petition for approval of settlement should be filed in that civil action. In all other circumstances, the petition for approval of settlement should be filed in the same court and assigned to a judge who would preside over a petition for appointment of guardian of a minor.



The total settlement to be considered under subdivisions (d) and (e) is not limited to the amounts received only by the minor, but includes all settlement payments or proceeds received by all parties to the claim or action. For example, the proposed settlement may have a gross value of $30,00060,000, with $15,00030,000 payable to the minor and $15,00030,000 payable to another party. In that instance the total proposed settlement exceeds $25,00050,000. Further, the â€





Description This matter is before the Court for consideration of proposed amendments to the Florida Probate Rules.On October 30, 2006, the Florida Probate Rules Committee (Committee) filed a fast track report recommending various amendments to the Florida Probate Rules in response to 2006 legislation. The Committee has proposed amendments to a number of rules, mostly in response to statutory changes made by chapters 2006 77 and 2006 178, Laws of Florida. Chapter 2006 77 became effective June 6, 2006, and chapter 206 178 became effective July 1, 2006. In addition, the Committee has recommended amendments to several rules in order to reflect the recent renumbering of the Florida Rules of Judicial Administration. See In re Amend. to Fla. Rules of Jud. Admin., 939 So. 2d 966 (Fla. 2006). All proposed amendments were approved by unanimous vote of the Committee and the Executive Committee of The Florida Bar Board of Governors. The Committee published the proposals in the November 1, 2006, edition of The Florida Bar News, with a request that comments be filed directly with the Court. No comments have been filed. Accordingly, upon consideration of the Committee's report and the relevant legislation, we hereby amend the Florida Probate Rules as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective immediately.
It is so ordered.
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