Jaime Stinson, as natural mother and next friend of Randall Deily, and Toral, Garcia, Pineyro & Franz, P.A. v. GEICO Insurance Company

Summary

The Second District extended the *Phillips v. Nationwide Mutual Insurance Co.* rule—requiring a hearing on the necessity and fairness of a contingent fee contract entered into on behalf of a minor—to incapacitated adults. The court held that a mother acting as next friend under Florida Rule of Civil Procedure 1.210(b) could retain counsel for her incapacitated adult son before a guardian was appointed, and the probate court erred in striking the firm’s petition without conducting a *Phillips* hearing.

Holdings

1. Under the unique circumstances of this case, it was improper for the probate court to strike the firm's amended petition without conducting a hearing to determine whether the contingent fee arrangement was binding on the incapacitated adult—i.e., whether it was reasonably necessary to employ an attorney and whether the contract was fair and reasonable at the time it was entered into.

Questions Presented

1. Whether the probate court properly struck the law firm's amended petition to approve settlement and confirm retention without conducting a hearing under Phillips v. Nationwide Mutual Insurance Co.

Disposition

reversed_and_remanded