CURTIS WELCH, BODAN WELCH, RONALD WELCH AND HENRY WELCH, BY AND THROUGH THEIR MOTHER AND NEXT FRIEND, C. ETTA WELCH, APPELLANTS,
v.
THE CITY OF SOUTH BAY, FLORIDA, A MUNICIPAL CORPORATION, AND DALTON ALFORD, APPELLEES; EDWARD ROGERS, AS CURATOR OF THE ESTATE OF J. C. WELCH, DECEASED, APPELLANT, V. THE CITY OF SOUTH BAY, FLORIDA, A MUNICIPAL CORPORATION, AND DALTON ALFORD, APPELLEES
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This case consolidates two appeals concerning a shooting incident involving a police officer and J.C. Welch. The appellate court affirmed the trial court's decisions in both a survival action and a wrongful death action, relying on prior Florida case law.
The appellate court held that the trial court's decisions in both the survival action and the wrongful death action were correct and affirmed them.
“We affirm by authority of Martin v. Thompson, Fla.App.1960, 124 So. 2d 744, on the survival action and affirm by the authority of Cloud v. Fallis, Fla.1959, 110 So. 2d 669, on the wrongful death action.”
This quote explains the court's basis for affirming the lower court's decisions in both consolidated cases.
J.C. Welch was shot by Dalton Alford, a police officer employed by the City of South Bay. The plaintiffs, representing J.C. Welch's estate and wrongfu…
The full statement of facts, procedural history, and disposition for this case are member content.
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Appellants (plaintiffs), in two cases consolidated for trial due to the fact that the primary question of law presented in each case was basically identical and now consolidated for appeal, appeal from a final judgment entered in favor of the appellees (defendants) in a survival action and from an order granting appellees’ motion for a new trial in a wrongful death action.
The-cause of action arose from the shooting of one J. C. Welch by a policeman, Defendant-Dalton Alford, an employee of the Defendant-City of South Bay.
The primary thrust of the plaintiffs’ appeal questions the correctness of the trial court’s granting defendants’ motion for a directed verdict and judgment notwithstanding the verdict in the survival action and of granting defendants’ motion for a new trial in the wrongful death action.
We affirm by authority of Martin v. Thompson, Fla.App.1960, 124 So.2d 744, on the survival action and affirm by the authority of Cloud v. Fallis, Fla.1959, 110 So.2d 669, on the wrongful death action.
Affirmed.
ANDREWS and CROSS, JJ., and WEISSING, LOUIS, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- Martin v. Thompson, 124 So. 2d 744 (Fla. 3d DCA 1960)