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Benson v. Benson

Benson v. Benson, 533 So. 2d 889 (Fla. Dist. Ct. App. 1988)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
November 8, 1988
Docket
No. 87-2964
Judges
Hubbart, Baskin and Jorgenson
Citations
533 So. 2d 8891988 WL 117604

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.

1991: 12000: 22001: 12017: 12026: 119912026peak 2000 · 2

Relies on it most ⓘ

  1. Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.229 So. 3d 1118 (Fla. 2017)
  2. Estate of Cabello v. Fernandez-Larios157 F. Supp. 2d 1345 (S.D. Fla. 2001)
  3. Brown v. Seebach763 F. Supp. 574 (S.D. Fla. 1991)
  4. Guadalupe v. Peterson779 So. 2d 494 (Fla. Dist. Ct. App. 2000)
  5. Nacht v. Levin760 So. 2d 1096 (Fla. Dist. Ct. App. 2000)
  6. Bruce Bieber, as Personal Representative of the Estate of Abigail Bieber v. Sheriff Chad Chronister, in his official capacity as Sheriff of Hillsborough County, FloridaNo. 8:26-cv-00558 (M.D. Fla. May 11, 2026)

Most recent

  1. Bruce Bieber, as Personal Representative of the Estate of Abigail Bieber v. Sheriff Chad Chronister, in his official capacity as Sheriff of Hillsborough County, FloridaNo. 8:26-cv-00558 (M.D. Fla. May 11, 2026)
  2. Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.229 So. 3d 1118 (Fla. 2017)
  3. Estate of Cabello v. Fernandez-Larios157 F. Supp. 2d 1345 (S.D. Fla. 2001)
  4. Guadalupe v. Peterson779 So. 2d 494 (Fla. Dist. Ct. App. 2000)
  5. Nacht v. Levin760 So. 2d 1096 (Fla. Dist. Ct. App. 2000)
  6. Brown v. Seebach763 F. Supp. 574 (S.D. Fla. 1991)

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.

Authorities cited 1

DepthCaseCited by
Poyer v. Burris, 533 So. 2d 888 (Fla. Dist. Ct. App. 1988) 2

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