Capps v. Mullen

Quillian, Presiding Judge.

The plaintiffs/appellants brought an action for the wrongful death of their daughter against the defendants/appellees. The claim alleged that the deceased daughter “left no surviving spouse or child” and that the plaintiffs as natural parents were entitled to bring this action.

The defendants filed an answer and a motion for summary judgment on the ground that the plaintiffs were not entitled to bring this action because the deceased was survived by her husband who had entered into a ceremonial marriage with her in 1976 which was undissolved. In support of the motion…