JOHNNIE RUTH DAVIS, A WIDOW, PLAINTIFF,
v.
BENJAMIN JOHNSON ET AL., DEFENDANTS; JOHNNIE RUTH DAVIS, AS ADMINISTRATRIX OF THE ESTATE OF TROY DAVIS, JR., DECEASED, PLAINTIFF, V. BENJAMIN JOHNSON ET AL., DEFENDANTS
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The court held that the questions presented were dispositive and had been answered in a prior, consolidated case.
The trial court certified questions regarding the effect of a new wrongful death act on prior causes of action. The court noted that these identical q…
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ROBERTS, Justice.
We have for consideration certified questions from the Seventh Judicial Circuit in and for Volusia County relating to the new wrongful death act, Chapter 72-35, Laws of Florida, designated as Sections 768.16 through 768.27, Florida Statutes, F. S.A., adopted by the Legislature during the 1972 legislative session and its affect on rights of action under previous Sections 768.01, 768.02, and 768.03, Florida Statutes, F.S.A., which were purportedly repealed by Chapter 72-35, Laws of Florida. The trial court urges that the question of law presented directly involves the validity of a state statute and that the questions certified are determinative of the cause and without controlling precedent. We have jurisdiction to answer the questions. Florida Appellate Rules, Rule 4.6, 32 F.S.A., Jaworski v. City of Opa-Locka, 149 So. 2d 33 (Fla.1963); Boyer v. City of Orlando, 232 So. 2d 169 (Fla.1970), P. C. Lissenden Co. v. Board of County Commissioners, 116 So. 2d 632 (Fla.1959).
The identical questions as have been certified here by the Circuit Court in and for Volusia County have been answered in McKibben et al. v. Mallory et al., 293 So. 2d 48 (Fla.1974), consolidated for purposes of oral argument with the instant cause, and our decision in that case is therefore dispositive of this cause.
It is so ordered.
ADKINS, C. J., ERVIN, McCAIN and DEKLE, JJ., and McCORD, District Court Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garcia v. Fla. Downs & Turf Club, Inc., 295 So. 2d 294 (Fla. 1974)…the Circuit Court in and for Hillsborough County dismissing appellant’s complaint for wrongful death damages. The judgment of the trial court is reversed on the authority of McKibben v. Mallory, 293 So. 2d 48 (Fla.1974), and Davis v. Johnson et al., 293 So. 2d 56 (Fla.1974), and this cause is'"remanded to the trial court to reinstate appellant’s complaint and to proceed in accordance with this Court’s recent decisions in McKibben, supra, and Davis, supra. It is so ordered. ADKINS, C. J., and ROBERTS, ERVIN…
Authorities Cited
- McKIBBEN v. Mallory, 293 So. 2d 48 (Fla. 1974)
- P. C. Lissenden Co., Inc. v. Bd. OF Cnty. Comm'rs OF Palm Beach Cnty., 116 So. 2d 632 (Fla. 1959)
- Sigmund T. Jaworski v. The City OF Opa-Locka, 149 So. 2d 33 (Fla. 1963)
- Boyer v. City OF Orlando, 232 So. 2d 169 (Fla. 1970)