FILEMON RAMIREZ, JR., AND EPIFANIA RAMIREZ, INDIVIDUALLY AND AS HUSBAND AND WIFE AND AS PARENTS OF FESOCORRO RAMIREZ, ET AL., APPELLANTS,
v.
COMMERCIAL UNION INSURANCE CO., A FOREIGN INSURANCE CARRIER; MELVIN LEE AND MICHAEL A. GOELLER, APPELLEES
FILEMON RAMIREZ, JR., AND EPIFANIA RAMIREZ, INDIVIDUALLY AND AS HUSBAND AND WIFE AND AS PARENTS OF FESOCORRO RAMIREZ, ET AL., APPELLANTS,
COMMERCIAL UNION INSURANCE CO., A FOREIGN INSURANCE CARRIER; MELVIN LEE AND MICHAEL A. GOELLER, APPELLEES
369 So. 2d 360
Florida District Court of Appeal, Third District (1979)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellees’ motion for rehearing is granted and our opinion of January 30,1979 is withdrawn.
It is the judgment of this court that the trial court order dismissing Commercial Union Insurance Company as a party defend ant be reversed and the cause remanded for further proceedings on the authority of Markert v. Johnston, 367 So. 2d 1003 (Fla.1978); Shingleton v. Bussey, 223 So. 2d 713 (Fla.1969). The trial court order dismissing the claims of the minor plaintiffs, however, is affirmed. Clark v. Suncoast Hospital, Inc., 338 So. 2d 1117 (Fla.2d DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zorzos v. Rosen, 467 So. 2d 305 (Fla. 1985)…d holding and citations in Clark v. Suncoast Hospital, Inc., 338 So. 2d 1117 (Fla. 2d DCA 1976). See also Fayden v. Guerrero, 420 So. 2d 656 (Fla. 3d DCA 1982), review denied, 430 So. 2d 450 (Fla.1983), and Ramirez v. Commercial Union Insurance Co., 369 So. 2d 360 (Fla. 3d DCA 1979), wherein the third district court of appeal adopted the Sun-coast Hospital position. [*307] The conflicting views of the Second and Fifth District Courts of Appeal are fully-set forth in Suncoast Hospital and Zorzos, respectively.…
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Rosen v. Michel Zorzos, 449 So. 2d 359 (Fla. 5th DCA 1984)…Florida presented with this question have declined to create a right in a minor child to his living parent’s consortium in the absence of legislation. Fayden v. Guerrero, 420 So. 2d 656 (Fla. 3d DCA 1982); Ramirez v. Commercial Union Insurance Co., 369 So. 2d 360 (Fla. 3d DCA 1979); Clark. The leading case in Florida on the subject is Clark v. Suncoast Hospital, Inc., decided October 27, 1976. In rejecting a cause of action in favor of minor children, the second district reasoned: We, in effect, are asked…1 / 2
Authorities Cited
- Shingleton v. Bussey, 223 So. 2d 713 (Fla. 1969)
- Gulf Stream Motors, Inc. v. Christina Cook & the Fla. Indus. Comm'n, 223 So. 2d 713 (Fla. 1969)
- Markert v. Johnston, 367 So. 2d 1003 (Fla. 1978)
- Clark v. Suncoast Hosp., Inc., 338 So. 2d 1117 (Fla. 2d DCA 1976)