Trueba v. Pawley

NESBITT, Judge.

In a prior appearance by the parties to the present action, Trueba v. Pershing Industries, Inc., 374 So.2d 47 (Fla.3d DCA 1979), we affirmed the dismissal of the natural sons’ action claiming damages for emotional distress in connection with the disturbance of their father’s remains by the defendant cemetery company. However, the proceeding was returned to the trial court for a determination as to whether the decedent’s remains should be disinterred in order to conclusively identify the remains of the decedent.

While the appeal was pending in the first action, plaintiffs filed a…