Legal Opinion

Eusebio M. Martinez, Father of Jacqueline M. Martinez, a Minor, Deceased v. Jose Rodriquez and Antonio Rodriquez, D/B/A Ingram Court Apartments

Court of Appeals for the Fifth Circuit

Decided April 29, 1969No. 24319_1PublishedCited by 27 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

Once again we witness the effectiveness — both substantive and administrative — of Florida’s remarkably helpful certification procedure 1 by which the Florida Supreme Court determines for us the controlling question of Florida law. The question certified to the Florida Court 2 3 was whether a father who sues under the Florida Statute 768.03 to recover damages for the death of his minor daughter is completely barred from recovery by the contributory negligence of the child’s mother, even when the father neither knew nor should have known of the mother’s negligent…

2Cases cited16 opinions

  1. Eusebio M. Martinez, Father of Jacqueline M. Martinez, a Minor, Deceased v. Jose Rodriquez and Antonio Rodriquez, D/B/A Ingram Court ApartmentsCourt of Appeals for the Fifth Circuit · 1968
  2. Kaiser Steel Corp. v. W. S. Ranch Co.Supreme Court of the United States · 1968
  3. Nolan v. Transocean Air LinesSupreme Court of the United States · 1961
  4. Hopkins v. Lockheed Aircraft CorporationSupreme Court of Florida · 1967
  5. United States Lines Company v. Leroy WilliamsCourt of Appeals for the Fifth Circuit · 1966

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3Cited by27 opinions

  1. Lehman Brothers v. ScheinSupreme Court of the United States · 1974
  2. U.S. Anchor Mfg., Inc. v. Rule Industries, Inc.Court of Appeals for the Eleventh Circuit · 1993
  3. Margie C. Barnes v. Atlantic & Pacific Life Insurance Company of America, a CorporationCourt of Appeals for the Fifth Circuit · 1975
  4. Mrs. John W. Allen v. The Estate of Charles Francis Carman, Mrs. Sylvia CarmanCourt of Appeals for the Fifth Circuit · 1971
  5. National Education Association, Inc. v. Lee County Board of Public InstructionCourt of Appeals for the Fifth Circuit · 1972

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