Benson v. Benson
Opinion
533 So.2d 889 (1988)
John BENSON, Individually, and As Personal Representative of the Estate of David Wyatt Benson, and Tommye Benson, Appellants,
v.
Cindy House BENSON and Arrow Air, Inc., Appellees.
No. 87-2964.
District Court of Appeal of Florida, Third District.
November 8, 1988.
Charles R. Lipcon and Brett Rivkind, Miami, for appellants.
Speiser, Krause and Madole, Washington, D.C., Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel Eaton, Thornton, David & Murray and Terry L. Redford, Miami, for appellees.
Before HUBBART, BASKIN and JORGENSON, JJ.
PER CURIAM.
We hold that the trial court correctly ruled that appellants, decedent's parents, were without standing to bring a wrongful death action in Florida. Section 768.20, Florida Statutes (1985), directs that a wrongful death action must be brought by the personal representative. In this case, decedent's wife, not his parents, serves as "administratrix" of the estate. As a result, the parents lack standing to sue, and the trial court lacked subject matter jurisdiction over the parents' claim. Furthermore, appellants, who are merely potential beneficiaries in the wrongful death action instituted by decedent's administratrix, lacked standing in the trial court to contest the court's determination of applicable law. Poyer v. Burris, 533 So.2d 888 *890 (Fla. 3d DCA 1988). We affirm the dismissal of appellants' claims.
AFFIRMED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.
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(holding that a wrongful death action must be brought by the personal representative)
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(Decedent’s parents were without standing to file a wrongful death action where decedent’s wife, not decedent’s parents, served as administratrix of decedent’s estate.)
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(“We hold that the trial court correctly ruled that appellants, decedent’s parents, were without standing to bring a wrongful death action in Florida. Section 768.20, Florida Statutes (1985)
Cited by 6 cases
View all citing references →Relies on it most ⓘ
- Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.
- Estate of Cabello v. Fernandez-Larios
- Brown v. Seebach
- Guadalupe v. Peterson
- Nacht v. Levin
- Bruce Bieber, as Personal Representative of the Estate of Abigail Bieber v. Sheriff Chad Chronister, in his official capacity as Sheriff of Hillsborough County, Florida
Most recent
- Bruce Bieber, as Personal Representative of the Estate of Abigail Bieber v. Sheriff Chad Chronister, in his official capacity as Sheriff of Hillsborough County, Florida
- Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.
- Estate of Cabello v. Fernandez-Larios
- Guadalupe v. Peterson
- Nacht v. Levin
- Brown v. Seebach
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.