JESSIE LAMAR ALLEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• The Est. OF Betsy Gladis Hernandez v. Agency for Health Care Admin., 190 So. 3d 139 (Fla. 3d DCA 2016)
  …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 2009) (workers’ compensation lien). However,-another line of cases has allowed Medicaid liens to attach to wrongful death settlement funds which may be attributable to the survivors’ claims. The key distinction between the two lines of…
• Pitcher v. Waldo, 159 So. 3d 422 (Fla. 4th DCA 2015)
  …l death claim must be brought by the personal representative of the estate of the deceased, the survivor’s claims are for their survivors’ sole benefit and do not become part of the estate. See § 768.21, Fla. Stat. (2012); Hartford Ins. Co. v. Goff, 4 So. 3d 770, 773 (Fla. 2d DCA 2009). As the alleged agreement was between the father and mother but not the estate, the trial court correctly concluded that it had no jurisdiction to adjudicate the dispute. Affirmed. WARNER, MAY and GERBER, JJ., concur.…
• City of Sarasota v. Est. of John Kaafi (Fla. 2d DCA 2024)

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)