MIAMI-DADE COUNTY
v.
GISELA SAENZ, ETC.
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A wrongful death action must be brought by the decedent's personal representative, who recovers damages for the benefit of the decedent's survivors and estate.
[1] A wrongful death action under Florida law must be brought by the decedent's personal representative, who recovers all damages for the benefit of the decedent's survivors…
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Join FLexlaw to unlock all legal intelligence“The [wrongful death] action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death.”
Statutory citation to § 768.20, Fla. Stat. (2015) supporting the court's affirmance
Miami-Dade County appealed a non-final order from the Circuit Court for Miami-Dade County in a case involving Gisela Saenz.…
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Third District Court of Appeal State of Florida
Opinion filed January 17, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1862 Lower Tribunal No. 15-28299 ________________
Miami-Dade County, Appellant,
vs.
Gisela Saenz, etc., Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.
Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Richard Schevis, Assistant County Attorney, for appellant.
The Billbrough Firm, P.A., and G. Bart Billbrough, for appellee.
Before FERNANDEZ, SCALES and MILLER, JJ.
PER CURIAM.
2
Affirmed. See § 768.20, Fla. Stat. (2015) (“The [wrongful death] action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death.”).