J. A. HORNSBY, APPELLANT,
v.
STATE, APPELLEE
J. A. HORNSBY, APPELLANT,
STATE, APPELLEE
146 Fla. 23
Florida Supreme Court (1941)
Negative Treatment
Also reported at: 200 So. 541
Cited by 29 cases
Opinion of the Court
The sole error complained of is that the evidence was insufficient to support a verdict of guilty of grand larceny. We have examined it and are of the opinion that there was ample testimony to justify the verdict and judgment of the court.
It is, therefore, ordered that the judgment be—
Affirmed.
Whitfield, Buford, Chapman and Thomas, J. J., concur.
Brown, C. J., Terrell and Adams, J. J., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (29 total)
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Gilliam v. Stewart, 291 So. 2d 593 (Fla. 1974)…ne that soars so exclusively within the realms of spirit land that it is beyond the reach of the courts to deal with, or to compensate by any of the known standards of value.” (Emphasis supplied.) (p. 152) The case of Dunahoo v. Bess, 146 Fla. 182, 200 So. 541 (1941), dealt with the careless and negligent manner in which the body of the plaintiff’s deceased wife was handled, the Court finding no recovery for mental anguish unconnected with physical injury. The Court stated that: “The plaintiff bases his…
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Williams v. City OF Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991)…physical body itself, such as removing it, withholding it, mishandling it, mutilating it, or preventing its proper burial. See, e.g., Restatement (Second) of Torts § 868; Kirksey v. Jernigan, 45 So. 2d 188 (Fla.1950); Dunahoo v. Bess, 146 Fla. 182, 200 So. 541 (1941); Halpin v. Kraeer Funeral Homes, Inc., 547 So. 2d 973 (Fla. 4th DCA 1989), rev. den., 557 So. 2d 35 (Fla.1990); Smith v. Telophase National Cremation Society, Inc., 471 So. 2d 163 (Fla. 2d DCA 1985); Sherer v. Rubin Memorial Chapel, Ltd., 444…
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Gonzalez v. Metro. Dade Cnty. Pub. Health Tr., 651 So. 2d 673 (Fla. 1995)…e Third District Court of Appeal certified the following question as being one of great public importance: Whether Florida should adopt section 868 Restatement (Second) of Torts, receding from the holding in Donahue [Dunahoo] v. Bess, 146 Fla. 182, 200 So. 541 (1941), that the law of Florida,will not sustain an action for mental anguish caused by negligent handling of a dead body in the absence of physical injury. Id. at 1033. We have jurisdiction pursuant to article Y, section 3(b)(4) of the Florida Con…1 / 3
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