JOHN BENSON, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID WYATT BENSON, AND TOMMYE BENSON, APPELLANTS,
v.
CINDY HOUSE BENSON AND ARROW AIR, INC., APPELLEES
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PER CURIAM.
We hold that the trial court correctly ruled that appellants, decedent’s parents, were without standing to bring a wrongful death action in Florida. Section 768.20, Florida Statutes (1985), directs that a wrongful death action must be brought by the personal representative. In this case, decedent’s wife, not his parents, serves as “administratrix” of the estate. As a result, the parents lack standing to sue, and the trial court lacked subject matter jurisdiction over the parents' claim. Furthermore, appellants, who are merely potential beneficiaries in the wrongful death action instituted by decedent’s ad-ministratrix, lacked standing in the trial court to contest the court’s determination of applicable law. Poyer v. Burris, 533 So. 2d 888 (Fla. 3d DCA 1988). We affirm the dismissal of appellants’ claims.
AFFIRMED.
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Weaver v. Stephen C. Myers, M.D., 229 So. 3d 1118 (Fla. 2017)…h action may be-brought only, by the personal, representative for the benefit of the decedent's survivors and estate.); Fla. Emergency Physicians-Kang & Assocs., M.D., P.A. v. Parker, 800 So. 2d 631, 633 (Fla. 5th DCA 2001) (same); Benson v. Benson, 533 So. 2d 889 (Fla. 3d DCA 1988) (Decedent’s parents were without standing to file a wrongful death action where decedent’s wife, not decedent’s parents, served as administratrix of decedent’s estate.). Thus, if the right exists; which we conclude. it does, then…
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Guadalupe v. Vyctoria Peterson, 779 So. 2d 494 (Fla. 2d DCA 2000)…l death action shall be brought by decedent’s personal representative); Continental Nat’l Bank v. Brill, 636 So. 2d 782 (Fla. 3d DCA 1994) (personal representative must bring single action to recover damages for all beneficiaries); Benson v. Benson, 533 So. 2d 889 (Fla. 3d DCA 1988) (decedent’s parents without standing to bring wrongful death action as such action must be brought by personal representative). Further, the trial court was not required to approve the settlement in this case, because no objectio…
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Adele Nacht v. Levin, 760 So. 2d 1096 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. See § 768.20, Fla. Stat. (1999) (“The [wrongful death] action shall be brought by the decedent’s personal representative.”); Benson v. Benson, 533 So. 2d 889 (Fla. 3d DCA 1988) (holding that a wrongful death action must be brought by the personal representative); see also Continental National Bank v. Brill, 636 So. 2d 782, 784 (Fla. 3d DCA 1994) (“The personal representative must bring a single action to…
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- Jackson v. State, 533 So. 2d 888 (Fla. 3d DCA 1988)