¶1concurring in part, dissenting in part.
¶2I concur with that portion of the majority’s opinion affirming summary judgment for defendant on the grounds that Bradley Beall’s claims are barred by the statute of limitations. I also concur with the majority’s determination that Florida law controls the substantive issues and that North Carolina law controls the remedial or proce*548dural issues at bar. I respectfully dissent from that portion of the majority’s opinion that held “[t]he issue of whether defendant may be obligated to plaintiff for amounts defendant paid pursuant to Florida court orders is an issue not properly before us” and which reverses and remands summary judgment against Adrienne Beall on all issues.
¶3I. “Other Like Fiduciary”
¶4I would hold that defendant was entitled to summary judgment to the extent of any funds he paid to Patricia Beall (“Patricia”) pursuant to court order or to her on behalf of the children. Plaintiffs legal representative is not required to be the guardian ad litem under Florida Law to receive support. “While it is under the disability of minority, the child’s right to support must be enforced by a legal representative, such as a guardian or other like fiduciary, a guardian ad litem or a next friend, but more commonly it is enforced against one parent by an opposing parent, as natural guardian, or by a governmental agency.” Cronebaugh v. Van Dyke, 415 So.2d 738, 741 (Fla. App. 1982), disc. rev. denied, 426 So.2d 25 (Fla. S. Ct. 1983). “[T]he recipient of the child support receives the support monies, not in his own right or for his own benefit, but in trust for the cestui que trust, who is the child.” Id.
¶5Defendant distributed some, if not all, of the sums plaintiff is seeking to Patricia. Although Patricia was not appointed as the guardian ad litem, she was awarded custody of the children and, under Florida law, was an “other like fiduciary” or “next friend” when she accepted and took possession of the money, not in her own name or for her own benefit but on behalf of her children. This fiduciary status placed Patricia in privity with Adrienne and bars any recovery of those funds.
¶6II. Conclusion
¶7Defendant has shown entitlement to full credit for those funds paid to Patricia on behalf of the children as a matter of law. To hold otherwise would allow plaintiff Adrienne a double recovery. Summary judgment in favor of defendant is proper to the extent of those amounts he paid from the accounts pursuant to a court order or to Patricia on behalf of the children, while Adrienne remained a minor. Adrienne Beall may only pursue her claims to other funds, if any to which she can prove legal entitlement and which defendant fraudulently converted to his own use.