Survival Of Actions

131 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Curtis W. Caine, Jr., M.D. v. M.D. Hardy, M.D.
  943 F.2d 1406· 5th Cir.· 1991-09-26 ·cited 12×
  The court held that the district court erred in denying the plaintiff's motion to amend his complaint and in dismissing his suit under Rule 12(b)(6) without accepting his allegations of bias as true.
• Parkerson v. Carrouth
  782 F.2d 1449· 8th Cir.· 1986-01-31 ·cited 12×
  A civil rights action under 42 U.S.C. §§ 1983, 1985, & 1986 does not survive the death of the plaintiff under Arkansas law, and this state law is not inconsistent with federal civil rights policy.
• Carpenter v. Sylvester
  267 So. 2d 370· Fla. 3d DCA· 1972-10-17 ·cited 12×
  A woman filed a paternity and child support action under Florida's bastardy statute against the estate of a deceased putative father. The Third District Court of Appeal held that such actions do not survive the death of the putative father absent explicit statutory language autho
• Thomas v. Doyle
  187 F.2d 207· D.C. Cir.· 1950-12-14 ·cited 12×
  The court held that the evidence presented a prima facie case of fraud, and the trial court erred in dismissing the complaint at the conclusion of the plaintiff's proof.
• Proctor v. Gissendaner
  579 F.2d 876· 5th Cir.· 1978-09-05 ·cited 11×
  An administrator cum testamento annexo has a sufficient estate in land to maintain a slander of title action when the estate's personal property is insufficient to pay debts, and a separate slander of title action arises from the publication of a foreclosure notice after the dece
• Randall v. Walt Disney World Co.
  140 So. 3d 1118· Fla. 5th DCA· 2014-06-20 ·cited 10×
  Margaret Randall appealed the dismissal of her loss-of-consortium claim following her husband's death during a pending personal injury action against Disney. The Fifth District Court of Appeal held that a surviving spouse's loss-of-consortium claim survives the death of the injur
• Est. OF Gertie Mae Youngblood v. Halifax Convalescent Ctr., Ltd.
  874 So. 2d 596· Fla. 5th DCA· 2004-01-23 ·cited 10×
  Rosa Abner appealed a judgment in favor of Delta Health Group in a nursing home negligence case involving her mother, Gertie Mae Youngblood. The court reversed and remanded, finding that Delta improperly used peremptory challenges to remove African-American jurors and that Chapte
• Levin v. Berley
  728 F.2d 551· 1st Cir.· 1984-02-24 ·cited 10×
  The court held that the malpractice claim was barred by the statute of limitations because the plaintiff knew or should have known of the harm more than three years prior to filing suit. The court also held that the plaintiff lacked individual standing for his Chapter 93A claim.
• Lipshaw v. Pinosky, Pinosky, P.A.
  442 So. 2d 992· Fla. 3d DCA· 1983-11-08 ·cited 10×
  Parents of a deceased son appealed dismissals of medical malpractice and wrongful death claims based on statute of limitations. The court affirmed dismissal of the survival claim but reversed dismissal of the wrongful death claim, holding that wrongful death actions accrue upon d
• Ellis v. Zuck
  546 F.2d 643· 5th Cir.· 1977-02-04 ·cited 10×
  Under Alabama law, punitive damages may be awarded against the estate of a wrongdoer who died before judgment, as such damages serve a deterrent purpose beyond punishment of the individual.
• Hutchison v. Pacific-Atlantic S.S. Co.
  217 F.2d 384· 9th Cir.· 1954-12-08 ·cited 10×
  The court held that there was sufficient evidence of conscious pain and suffering to go to the jury and that the trial atmosphere and directed verdict prejudiced the appellant. The court also found the Jones Act incorporates survival statutes for seamen.
• Roth v. COX
  210 F.2d 76· 5th Cir.· 1954-01-15 ·cited 10×
  The dissenting judge holds that a seaman's representative suing under a state statute must accept the statute's limitations ('cum onere'), and cannot selectively apply favorable parts.
• Taylor v. Atl. Mar. Co.
  179 F.2d 597· 2d Cir.· 1950-01-23 ·cited 10×
  The court held that an alien seaman who signs articles in the United States for service on a foreign ship may invoke the Jones Act for injuries sustained on the high seas.
• Haverty Furniture Co. v. McKESSON & Robbins, Inc.
  154 Fla. 772· Fla.· 1944-08-01 ·cited 10×
  In this workers' compensation subrogation case, the Florida Supreme Court affirmed a $15,000 judgment for McKesson & Robbins, Inc. against truck driver Clarence Simpson and his employer Haverty Furniture, but required a $5,000 remittitur due to excessiveness. The court held that
• In the Matter of: Betty Lou Wood v. Flatau
  643 F.2d 188· 5th Cir.· 1980-08-22 ·cited 9×
  A bankrupt's cause of action for statutory damages under the Truth in Lending Act (TILA) passes to the trustee in bankruptcy because such claims are considered remedial and transferable.
• Deleski v. Raymark Indus., Inc.
  819 F.2d 377· 3d Cir.· 1987-05-15 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to transfer and granting summary judgment, as the claims were barred by the Pennsylvania statute of limitations.
• Heikkila v. Barber
  308 F.2d 558· 9th Cir.· 1962-08-29 ·cited 8×
  The court held that the claim for civil contempt, based on federal law and resembling a tort affecting the person, did not survive the death of the claimant under common law principles.
• Harrington v. Sharff
  305 F.2d 333· 2d Cir.· 1962-06-20 ·cited 8×
  The court held that the trial court erred by sua sponte admitting previously excluded evidence during the defendant's summation, prejudicing the defendant and requiring a new trial.
• Mrs. Virginia Kelly v. Hartford Accident & Indem. Co.
  294 F.2d 400· 5th Cir.· 1961-08-16 ·cited 8×
  The court held that the plaintiffs' claims for wrongful death could be aggregated to meet the jurisdictional amount because they sought to enforce a single right of action.
• Woods v. Gochnour et ux.
  177 F.2d 964· 9th Cir.· 1949-11-15 ·cited 8×
  The court held that a cause of action for restitution of rent overcharges under Section 205(a) of the Emergency Price Control Act survives the Act's termination.
• Lawrence Warehouse Co. v. Def. Supplies Corp.
  168 F.2d 199· 9th Cir.· 1948-04-06 ·cited 8×
  The court held that the judgment was not void due to the dissolution of the plaintiff corporation, as the Joint Resolution prevented abatement and the United States was the real party in interest.
• Mary Corlett under the Last Will and Testament of John B. Corlett v. Oliver
  107 Fla. 403· Fla.· 1932-12-15 ·cited 8×
  This case addresses whether an attorney's fee for services rendered to a deceased individual and others jointly can be recovered from the deceased's estate. The court determined that while Florida law preserves joint contractual liability after the death of one obligor, the enfor
• Maloney v. Spencer
  170 F.2d 231· 9th Cir.· 1948-10-08 ·cited 7×
  A timely filed notice of appeal confers jurisdiction on the appellate court even if the appealing party dies before filing and no substitution is made.
• Olive Goheagan v. Perkins
  197 So. 3d 112· Fla. 4th DCA· 2016-07-20 ·cited 6×
  The Fourth District Court of Appeal affirmed that Florida's Medicaid Third-Party Liability Act is not preempted by federal Medicaid law's anti-lien provision in wrongful death actions, allowing the state to recover the full amount of its Medicaid lien from a decedent's settlement
• Ruble v. Rinker Material Corp.
  59 So. 3d 137· Fla. 3d DCA· 2011-02-02 ·cited 6×
  Florida law extinguishes a personal injury claim upon the plaintiff's death, and any wrongful death claim must be brought as a separate action, not as an amendment to the original personal injury complaint.
• Jeanine Adams Gruschus and June Adams Soelberg v. Curtis Publ'g Co.
  342 F.2d 775· 10th Cir.· 1965-03-17 ·cited 6×
  The court held that plaintiffs' complaint failed to state a claim for defamation or invasion of privacy regarding their deceased father under New Mexico law.
• Woods v. Klobuchar
  257 F.2d 313· 7th Cir.· 1958-07-01 ·cited 6×
  The court held that a federal court in a diversity action must apply the forum state's statute of limitations, even if it bars the claim.
• Dubuque Fire & Marine Ins. Co. v. Wilson
  213 F.2d 115· 4th Cir.· 1954-05-13 ·cited 6×
  The court held that the district court's dismissal was improper because the prior state court judgment did not resolve the agents' liability, the claims were contractual and survived the agents' deaths, and failure to file claims against the estates did not bar recovery from dist
• Wells v. Simonds Abrasive Co.
  195 F.2d 814· 3d Cir.· 1952-02-04 ·cited 6×
  The court affirmed the lower court's judgment, finding that the plaintiff's interpretation of the Survival Act was erroneous and contrary to established Pennsylvania law.
• Thompson v. Curtis Publ'g Co.
  193 F.2d 953· 3d Cir.· 1952-01-23 ·cited 6×
  An action for defamation does not survive the death of the plaintiff under Pennsylvania law, and the publication of a patented invention does not constitute an invasion of privacy.
• Wallan v. Rankin
  173 F.2d 488· 9th Cir.· 1949-03-11 ·cited 6×
  Federal court in California must apply California's conflict of law rules, which allow survival of tort claims against a deceased tortfeasor's estate and permit foreign administrators to sue for the benefit of dependents.
• Sweeney v. Bonacci
  173 F.2d 541· 3d Cir.· 1949-02-28 ·cited 6×
  The court held that there was sufficient evidence of the defendants' negligence to submit the case to the jury.
• Baker Cnty. State Bank v. Jones
  86 Fla. 484· Fla.· 1923-11-22 ·cited 6×
  Baker County State Bank sued the sheriff as administrator of a deceased promissory note maker's estate to recover on a joint and several note. The court reversed the trial court's dismissal, holding that when one of multiple joint and several obligors dies, a separate action may
• In re 73 ENGLE-RELATED CASES.
  239 So. 3d 166· Fla. 1st DCA· 2018-02-08 ·cited 4×
  Plaintiffs' counsel filed 73 personal injury lawsuits on behalf of deceased individuals before the Engle statute of limitations expired in January 2008, falsely alleging the named plaintiffs were living smokers. When defendants discovered in 2015 that all plaintiffs were already
• Charleen Skyrme v. R.J. Reynolds Tobacco Co.
  75 So. 3d 769· Fla. 2d DCA· 2011-11-18 ·cited 4×
  Charleen Skyrme sought certiorari review of an order denying her motion to amend a personal injury complaint to assert a wrongful death claim after her husband Bobby died. The court dismissed the petition for lack of certiorari jurisdiction, holding that the denial of the amendme
• The Est. OF Miriam Morales v. Iasis Healthcare Corp.
  901 So. 2d 965· Fla. 2d DCA· 2005-05-11 ·cited 4×
  The Estate of Miriam Morales appealed the dismissal of its medical malpractice action after the original personal representative died and a successor was not substituted within 90 days as required by Florida Rule of Civil Procedure 1.260. The court held that Rule 1.260's time lim
• Slade v. United States Postal Serv.
  952 F.2d 357· 10th Cir.· 1991-12-26 ·cited 4×
  The court held that the district court had jurisdiction over the plaintiff's claim for attorney's fees under Title VII, but affirmed the dismissal because the plaintiff was not a prevailing party.
• Zucker v. Vogt
  329 F.2d 426· 2d Cir.· 1964-04-01 ·cited 4×
  The court held that the plaintiff's notice was sufficient, the Dram Shop Act claim survives the decedent's death, contributory negligence is not a defense, the Act is not unconstitutionally vague, and the exclusion of a prior complaint was harmless error.
• Colpoys v. Foreman
  163 F.2d 908· D.C. Cir.· 1947-10-13 ·cited 4×
  A right of action for wrongful entry survives against a deceased wrongdoer's estate and includes damages for subsequent harmful conduct, even if that conduct would not be independently actionable.
• Hudson Motor CAR Co. v. Hertz
  121 F.2d 326· 6th Cir.· 1941-06-25 ·cited 4×
  The court held that the statute of limitations for actions under the Virginia Death Statute begins to run from the accrual of the cause of action against the personal representative of the decedent wrongdoer, not from the appointment of the representative.
• Dirk Franzen, M.D. & Dirk Franzen, M.D., P.A. v. Mogler
  744 So. 2d 1029· Fla. 4th DCA· 1997-10-22 ·cited 3×
  The court held that under the Medical Malpractice Act and Wrongful Death Act, only the personal representative, not each individual beneficiary, qualifies as a claimant for purposes of the non-economic damages cap.
• Grandbouche v. Lovell
  913 F.2d 835· 10th Cir.· 1990-09-06 ·cited 3×
  The court held that a formal suggestion of death, served according to Rule 25(a)(1) and Rule 4 for non-parties, is required to trigger the 90-day limitations period for substitution, and mere references to death in prior proceedings are insufficient.
• Necker v. Gallinger
  160 Fla. 547· Fla.· 1948-06-11 ·cited 3×
  A cause of action for assault and battery survives the death of the alleged perpetrator and can be maintained against the administrator of the estate.
• Frieda Springer v. Aiken
  143 Fla. 256· Fla.· 1940-05-31 ·cited 3×
  The Florida Supreme Court held that Section 185 of the Probate Act does not permit plaintiffs to institute a new action against a deceased debtor's estate after the statute of limitations has run, where an original action filed before the debtor's death was allowed to lapse witho
• Roberson v. Maatschappij
  507 F.2d 994· 5th Cir.· 1975-02-10 ·cited 2×
  A suit in admiralty brought on behalf of an injured longshoreman does not need to be dismissed for failure to substitute a living person within one year of the original plaintiff's death.
• Field v. Newsom
  170 So. 2d 50· Fla. 3d DCA· 1964-12-22 ·cited 2×
  The court held that the time limitations in Fla. Stat. § 733.18 for bringing suit after objection to a claim against an estate are controlling, even when a suit was pending against the decedent at the time of death.
• Shepard v. Cal-Nine Farms
  252 F.2d 884· 9th Cir.· 1958-01-31 ·cited 2×
  The court held that the trial court's method of calculating damages, by awarding the cost of a new well, was a permissible shortcut and supported by precedent.
• United States v. Butt
  203 F.2d 643· 10th Cir.· 1953-04-14 ·cited 2×
  The United States may maintain an action for conversion of mortgaged property, either as an assignee of a valid claim or as a mortgagee suffering loss.
• McLELLAN v. Auto. Ins. Co. of Hartford
  80 F.2d 344· 9th Cir.· 1935-11-20 ·cited 2×
  The judgment of the lower court is reversed. The dissenting opinion argues that the prior judgment against the special administrator of the estate was valid, and therefore the subsequent action against the liability insurer should not have been dismissed. The dissenting judge ass
• Sammons v. Greenfield
  270 So. 3d 534· Fla. 2d DCA· 2019-05-08 ·cited 1×
  Thomas and Madeline Sammons appealed from a trial court's dismissal of their medical malpractice lawsuit after counsel failed to timely substitute Mr. Sammons' personal representative following his death during litigation. The appellate court reversed, finding that counsel demons