CAROLYN FAYE SPINK, APPELLANT,
v.
C.F. MCCONNELL, M.D., APPELLEE

Fla. 1st DCA | 1988-08-11
No. 87-1514
SHIVERS and THOMPSON, JJ., concur.
529 So. 2d 813 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Carolyn Spink, as personal representative of a deceased's estate, appealed a dismissal of her complaint seeking a declaratory judgment to change the cause of death on the death certificate from "suicide" to "undetermined" or "accidental." The court affirmed the dismissal, holding that an administrative remedy through the State Registrar was the appropriate procedure and that no justiciable controversy existed between the parties.


Holding

A declaratory judgment is not the appropriate remedy because an administrative procedure exists under Florida law allowing the State Registrar to make corrections to death certificates. Additionally, no justiciable controversy exists between the parties because the personal representative has no right to compel the medical examiner to change his professional opinion and cited no authority for such authority in the lower court.


Headnotes

[1] A declaratory judgment action is not appropriate when an adequate administrative remedy is available to address the underlying dispute.

[2] The State Registrar, not the local medical examiner, is responsible for the correctness of information on death certificates.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“At the outset we note that appellant has an administrative remedy available to accomplish the purpose of this declaratory judgment action.”

Establishes that an adequate alternative administrative remedy exists, making declaratory judgment inappropriate.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Maxine Delores Merritt died and the medical examiner, C.F. McConnell, M.D., listed the probable cause of death as "suicide" on the death certificate. …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
ZEHMER, Judge.

ZEHMER, Judge.

Carolyn Faye Spink, as personal representative of the estate of Maxine Delores Merritt (decedent), appeals a final judgment dismissing her amended complaint against C.F. McConnell, M.D., the medical examiner for the first judicial circuit, for failure to state a cause of action. In the complaint appellant requested a declaratory decree finding that the probable cause of decedent’s death was not “suicide,” as appellee stated on decedent’s death certificate, but was “undetermined” or “accidental.” She alleged that investigating officers indicated that decedent’s cause of death was undetermined or accidental, and that decedent’s psychiatrist stated that decedent had no suicidal tendencies. She alleged that she and decedent’s heirs have suffered mental and emotional harm as a result of the statement on the death certificate and that the estate suffered irreparable damage and injury based on the suicide exclusion in decedent’s life insurance policies. As we perceive appellant’s purpose in filing this litigation, it is to correct an allegedly erroneous statement of the probable cause of death on the decedent’s death certificate. At the outset we note that appellant has an administrative remedy available to accomplish the purpose of this declaratory judgment action. The appellee medical examiner’s duties are governed by chapter 406, Florida Statutes. Specifically, his duties in respect to performing medical examinations or autopsies on deceased persons, and his duty to report and keep records of his findings regarding the cause of death when “established within reasonable medical certainty” are delineated in sections 406.11 and 406.13, Florida Statutes (1987).

The medical examiner is an arm of the department of law enforcement. As such, he participates, as do other law enforcement officers, in the investigation into the causes of death of persons who die under the circumstances defined in the statute. While the medical examiner may, as a matter of practice, enter the probable cause of death on the “death certificate” required to be kept under chapter 382, the party responsible for the correctness of the information shown on the death certificates maintained under that chapter is the State Registrar, acting through duly appointed local registrars. See §§ 382.003, -.005, -.008, -.011, Fla.Stat. (1987).

It follows that the registrar, rather than the local medical examiner, is the appropriate, if not the only, person authorized to make changes or corrections to a death certificate. The appropriate procedure for correcting items on a death certificate is provided in rules 10D-49.020 through 49.023, Florida Administrative Code. The amended complaint before us does not contain any allegation showing that this administrative remedy is unavailable or inadequate to accomplish appellant’s purposes.

Accordingly, declaratory judgment under chapter 86 is not appropriate in this circumstance. See generally, Lewis Oil Co. v. Alachua County, 496 So. 2d 184 (Fla. 1st DCA 1986); State ex rel. Dept. of General Services v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977).

It is axiomatic that a declaratory judgment is not appropriate where there is not a bona fide dispute between contending parties that presents a justiciable question. Bryant v. Gray, 70 So. 2d 581 (Fla.1954).

Appellant has not demonstrated the existence of a justiciable controversy between herself and appellee. She has not alleged that she has any right to compel the medical examiner to change his opinion expressed in his report or noted on the death certificate, nor has she cited any authority for the proposition that the lower court has the authority to order him to make such a change. The Declaratory Judgment Act may not be extended to a point where it might be substituted for another appropriate action in the absence of a bona fide foundation for a declaratory judgment. M & E Land Company v. Siegel, 177 So. 2d 769 (Pla. 1st DCA 1965).

AFFIRMED.

SHIVERS and THOMPSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Zimmerman v. Fla. Windstorm Underwriting Ass'n, 873 So. 2d 411 (Fla. 1st DCA 2004)
    …ateral attack in circuit court on an insurance rate approved by the Department of Insurance in conformity with the Administrative Procedure Act would not comport with the requirement that administrative remedies be exhausted. See Spink v. McConnell, 529 So. 2d 813, 814 (Fla. 1st DCA 1988); Gulf Coast Home Health Servs. of Fla., Inc. v. Dep’t of HRS, 513 So. 2d 704, 706 (Fla. 1st DCA 1987).2 “Generally, where administrative remedies are available, it is improper to seek relief in the circuit court before those…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw