GLENDA LOUISE CARTER, PETITIONER,
v.
LARRY J. CARTER, RESPONDENT

Fla. | 1970-11-19
No. 40221
ROBERTS, Acting C. J., and DREW, CARLTON, ADKINS and BOYD, JJ„ concur.
241 So. 2d 857 Florida Supreme Court (1970) Positive Treatment
Cited by 4 cases

Opinion of the Court

Certiorari denied. 238 So.2d 461.

ROBERTS, Acting C. J., and DREW, CARLTON, ADKINS and BOYD, JJ„ concur.


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  • Lohr v. Hattie Mae Byrd, 522 So. 2d 845 (Fla. 1988)
    …below, two other district courts of appeal have also squarely ruled the same way. Stephens v. Rohde, 478 So. 2d 862 (Fla. 1st DCA 1985), review denied, 488 So. 2d 832 (Fla.1986); Johnson v. Rinesmith, 238 So. 2d 659 (Fla. 2d DCA 1969), cert. denied, 241 So. 2d 857 (Fla.1970). The majority of other jurisdictions do not permit the recovery of punitive damages upon the death of the tortfeasor. However, most of them have done so on the basis of a statute which explicitly precludes such recovery or on premises whi…
  • Hattie Mae Byrd v. Lohr, 488 So. 2d 138 (Fla. 5th DCA 1986)
    …ere are only three Florida cases touching on this subject: Atlas Properties, Inc. v. Didich, 226 So. 2d 684 (Fla.1969); Stephens v. Rohde, 478 So. 2d 862 (Fla. 1st DCA 1985); and Johnson v. Rinesmith, 238 So. 2d 659 (Fla. 2d DCA 1969), cert. denied, 241 So. 2d 857 (Fla.1970). Atlas Properties concerned a deceased claimant, but Johnson and Stephens are directly in point. In Stephens, the plaintiff was injured in an automobile accident caused by Rohde. Rohde subsequently died of causes unrelated to the acciden…

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