Legal Opinion

Mellette v. Trinity Memorial Cemetery, Inc.

District Court of Appeal of Florida

Decided August 29, 2012No. 2D10-5204PublishedCited by 2 opinions

1Opinion of the Court

NORTHCUTT, Judge.

Trinity Memorial Cemetery disinterred the body of Adam Kellerman-Pate at the request of his mother, Joni Pate, and sent it for reburial in Texas, where Ms. Pate resided. The removal of Adam’s body was done without the knowledge or permission of his widow, Priscilla Mellette. She sued Trinity for damages based on theories of tortious interference with a dead body and reckless infliction of emotional distress. On Trinity’s motion, the circuit court entered summary judgment in its favor. We reverse and remand for further proceedings.

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2Cases cited16 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Holl v. TalcottSupreme Court of Florida · 1966
  3. Kirksey v. JerniganSupreme Court of Florida · 1950
  4. Williams v. City of MinneolaDistrict Court of Appeal of Florida · 1991
  5. Liberty Mut. Ins. Co. v. SteadmanDistrict Court of Appeal of Florida · 2007

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3Cited by2 opinions

  1. Brandon Molinet v. Van Orsdel Family Funeral Chapels, Inc.District Court of Appeal of Florida · 2026
  2. DEON WILLIAMS and EVAN CHANG v. BOYD-PANCIERA FAMILY FUNERAL CARE, INC. and EVERGLADES CREMATORIUM, LLCDistrict Court of Appeal of Florida · 2020

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