Munoz et al v. Sanchez

Filing 40

ORDER re 39 Notice of settlement filed by Frankie Sanchez. The parties must jointly advise the Court, in writing, on or before September 14, 2018, if the settlement amount exceeds $15,000, to require a guardian ad litem. Signed by Judge Sheri Polster Chappell on 9/7/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HOMERO MUNOZ, JR. and YESENIA
GONZALEZ,
Plaintiffs,
v.

Case No: 2:17-cv-478-FtM-38CM

FRANKIE SANCHEZ,
Defendant.
/
ORDER1
Before the Court is the parties’ Joint Notice of Settlement. (Doc. 39). Plaintiffs
Homero Munoz, Jr. and Yesenia Gonzalez, individually as next friend to N.M., a Minor,
and A.M., a Minor, and Defendant Frankie Sanchez d/b/a/ Frankie Sanchez Trucking, Inc.
have settled this case and are exchanging settlement documents that will include
structured settlement plans for the minor children.
Federal Rule of Civil Procedure 17(c)(1) says a general guardian may sue on
behalf of a minor. Florida law defines a natural guardian as a mother and father jointly,
or a mother of a child born out of wedlock. Fla. Stat. § 744.301(1). A natural guardian
may, “without the appointment, authority or bond if the amounts received in the aggregate
do not exceed $15,000, . . . [s]ettle and consummate a settlement of any claim or cause
of action accruing to any of their minor children for damages to the person or property of

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any minor children.” Fla. Stat. § 744.301(2)(a). Here, Yesenia Gonzalez is the natural
mother of N.M. and A.M. and is representing their interests in this suit. (Doc. 6 at ¶ 1).
The Court, however, does not know the parties’ settlement amount to decide if a guardian
ad litem needs to be appointed in this case.
Accordingly, it is now
ORDERED:
The parties must jointly advise the Court, in writing, on or before September 14,
2018, if the settlement amount exceeds $15,000, to require a guardian ad litem.
DONE and ORDERED in Fort Myers, Florida this 7th day of September 2018.

Copies: All Parties of Record

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