Gaines v. Sayne

764 So.2d 578 (2000)

Eugene F. GAINES, Petitioner,

v.

Lynn SAYNE, as personal representative of the estate of Chlodel H. Gaines, Respondent.

No. SC95134.

Supreme Court of Florida.

July 13, 2000.

John B. Gibbons of Salem, Saxon & Nielsen, P.A., Tampa, Florida, for Petitioner.

Theodore J. Rechel and Donald A. Foster of Rechel & Associates, Tampa, Florida, for Respondent.

ANSTEAD, J.

We have for review Gaines v. Sayne, 727 So.2d 351 (Fla. 2d DCA 1999), which expressly and directly conflicts with the opinion in Johnson v. Feeney, 507 So.2d 722 (Fla. 3d DCA 1987), on the issue of whether the death of a…