W. SYLVESTER PORCH ET UX., APPELLANTS,

v.

ANN E. COSTILL, APPELLEE

Citator

Cited By

• Little River Bank & Tr. Co. v. Bartholemy, 15 Fla. Supp. 143 (Dade Cty. Cir. Ct. 1960)
  …eld that it is incumbent upon the plaintiff in such a suit to affirmatively allege and prove the non-existence of members of the class or classes who have higher priority under the statute to bring such an action, Benoit v. Miami Beach Electric Co., 96 So. 2d 158 (Fla. 1923). Sullivan v. Sessions, supra, deals with the right of an administratrix of a wife to sue the husband’s estate under the survival statute. The Love case, supra, holds that whether or not the plaintiff in a wrongful death action is the pro…