Barfield v. Schmon
District Court of Appeal of Florida
1Opinion of the Court
HERSEY, Chief Judge.
In this action brought under Florida’s Wrongful Death Act, sections 768.16-768.27, Florida Statutes (1987), appellant challenges the right of appellees, as foreign personal representatives, to bring an action under this statute without complying with Florida’s probate statutes pertaining to ancillary administration. Put more directly, the issue is whether foreign personal representatives have standing and capacity to bring an action in Florida for the wrongful death of their decedent. We answer in the affirmative in what appears to be a case of first impression in Florida.
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2Cases cited5 opinions
- Burcl v. North Carolina Baptist Hospital, Inc.Supreme Court of North Carolina · 1982
- Barragan v. Superior Court of Pima CountyCourt of Appeals of Arizona · 1970
- Torres v. SierraNew Mexico Court of Appeals · 1976
- Sempe v. Coordinated Caribbean Transport, Inc.District Court of Appeal of Florida · 1978
- Rotella v. JosephMissouri Court of Appeals · 1981
3Cited by1 opinion
- Rhoads v. Newman Enterprises, No. Cv93 0522545 (Oct. 7, 1993)Connecticut Superior Court · 1993