Bohannon v. McGowan

MANN, Judge.

The child of the original plaintiff in this action, brought under Section 768.03, Florida Statutes, F.S.A., was killed in an accident which took the life of the mother as well. After filing this suit the plaintiff died and his administrator moved for substitution under Section 46.021, Florida Statutes, F.S.A. The trial judge held that the action abated with the death of the surviving parent, and this appeal ensued.

The appellee contends that since the administrator’s motion was denied, there is no appellant, citing cases 1 saying that there must be an appellant and an appellee in…