CHARLES J. COSBY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CHARLES J. COSBY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
441 So. 2d 161
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed. Edwards v. State, 439 So. 2d 1028 (Fla. 3d DCA 1983); Cuciak v. State, 410 So. 2d 916, 918 (Fla.1982); Raulerson v. State, 358 So. 2d 826, 830 (Fla.1978), cert. denied, 439 U.S. 959, 99 S.Ct. 364, 58 L.Ed.2d 352 (1978); Hines v. State, 358 So. 2d 183, 185 (Fla.1978).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Est. OF Betsy Gladis Hernandez v. Agency for Health Care Admin., 190 So. 3d 139 (Fla. 3d DCA 2016)…is silent on the matter of Medicaid liens. It contemplates, however, that the damages recovered by the decedent’s survivors are distinct from the damages recovered by the decedent’s estate. See § 768.21, Fla. Stat.; S. Shore [*145] Hosp. v. Easton, 441 So. 2d 161, 168 (Fla. 3d DCA 1983). For this reason, one line of cases has held that certain statutory liens do not attach to 'wrongful death settlement proceeds attributable to survivors’ claims. See, e.g., Hartford Ins. Co. v. Goff, 4 So. 3d 770 (Fla. 2d DCA…
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Fla. Crushed Stone Co. v. Johnson, 546 So. 2d 1102 (Fla. 5th DCA 1989)…t. (1987); Bruce v. Byer, 423 So. 2d 413 (Fla. 5th DCA 1982). The wrongful death act contemplates that the damages allowed the estate are separate and distinct from the damages recoverable by the deceased’s survivors. South Shore Hospital v. Easton, 441 So. 2d 161 (Fla. 3d DCA 1983). Loss of support damages are not part of an award to a decedent’s estate. Salazar v. Santos (Harry) & Company, Inc., 537 So. 2d 1048 (Fla. 3d DCA 1989). In the present case, the decedent was 36 years old, married and had two teen…
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Carvondella Bradley v. Sebelius, 621 F.3d 1330 (11th Cir. 2010)…8.21(3). The FWDA contemplates that damages allowed an estate are separate and distinct from damages recoverable by the deceased’s survivors. See Hartford Ins. Co. v. Goff, 4 So. 3d 770, 773 (Fla.Dist.Ct.App. 2009); South Shore Hosp. v. Easton, 441 So. 2d 161, 163 (Fla.Dist.Ct.App.1983). Florida courts have repeatedly held that proceeds from a wrongful death action are not for the benefit of the estate, rather, that they are the property of the survivors and compensation for their loss. See Scott v. E…
Authorities Cited
- Hines v. State, 358 So. 2d 183 (Fla. 1978)
- Cuciak v. State, 410 So. 2d 916 (Fla. 1982)
- McNair v. United States, 439 U.S. 959 (U.S. 1978)
- Raulerson v. State, 358 So. 2d 826 (Fla. 1978)
- Edwards v. State, 439 So. 2d 1028 (Fla. 3d DCA 1983)