Legal Opinion

Goodnight v. Capiello

District Court of Appeal of Florida

Decided December 29, 1976No. 76-637Published

1Opinion of the Court

HOBSON, Acting Chief Judge.

The Circuit Court of the Twentieth Judicial Circuit has certified to this court a question which is stated will be determinative of the cause and which is without controlling precedent. The question presented to us is:

Is the word “survivors” as it appears in the second sentence of Section 768.-21(6)(a) to be read in conjunction with the definition of that term as it appears in Section 768.18(1), so that loss of net accumulations is a recoverable element of damages to the estate in an action for wrongful death pursuant to Chapter 768, Florida Statutes, only when (1)…

2Cases cited3 opinions

  1. Gordon v. NorrisSupreme Court of Florida · 1956
  2. Newcomb v. RoartySupreme Court of Florida · 1957
  3. Niemi v. Mebane Oil Co.District Court of Appeal of Florida · 1974

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