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748 So. 2d 310·
Fla. 4th DCA·
1999-10-27
·cited 1×
A personal injury action does not abate if the plaintiff dies after a verdict is rendered but before a final judgment is entered, as the verdict conclusively resolves the dispute.
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981 F.2d 824·
5th Cir.·
1993-01-22
·cited 1×
The Bankruptcy Amendments and Federal Judgeship Act of 1984, 28 U.S.C. § 157(b)(5), does not prohibit a district court from dismissing a bankruptcy-related wrongful death case under the doctrine of forum non conveniens when the claim arose in a foreign country.
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M.D. Fla.·
2025-09-17
The court granted the motions to substitute the Estate of Waheed Nelson as plaintiff, finding the motions were timely filed and that the causes of action survive the plaintiff's death.
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Fla. 4th DCA·
2023-12-20
A deceased judgment creditor loses the right to enforce a judgment upon death and lacks standing to pursue a writ of garnishment without proper substitution of the estate pursuant to applicable rules of civil procedure. The trial court erred in denying the motion to dissolve the
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M.D. Fla.·
2023-09-06
The court granted summary judgment on the requirement to file FBAR forms and the failure to file them timely, but denied summary judgment on whether the IRS appropriately calculated the penalties due to a genuine issue of material fact regarding account balances on specific dates
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M.D. Fla.·
2019-09-11
The court held that plaintiff's claims for intentional infliction of emotional distress, negligence, gross negligence, and negligent infliction of emotional distress were dismissed for failure to state a claim. The court also found that punitive damages under the FCRA do not surv
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263 So. 3d 817·
Fla. 1st DCA·
2019-01-14
The Florida First District Court of Appeal reversed an administrative law judge's dismissal of a personal representative's petition to contest a Medicaid lien, holding that a personal representative qualifies as a "recipient" under Florida Medicaid law and may challenge AHCA's au
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Fla. 1st DCA·
2018-02-07
Plaintiffs' counsel filed 73 Engle personal injury lawsuits on behalf of deceased individuals before the statute of limitations expired in January 2008, without disclosing that the named plaintiffs were already dead. When the trial court discovered this in 2015 and defendants mov
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Del. Super. Ct.·
2014-06-10
The court held that Texas law has the most significant relationship to the issues of liability, damages, and remedies in this products liability action arising from a helicopter crash in Mexico. Therefore, the court granted the plaintiffs' motion to apply Texas law to liability a
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103 So. 3d 955·
Fla. 2d DCA·
2012-12-14
The Second District Court of Appeal reversed the circuit court's dismissal of a tobacco personal injury action brought by Della Mae Butler, holding that when a plaintiff dies pending litigation, the personal representative may be substituted and the complaint amended to assert a
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779 So. 2d 667·
Fla. 3d DCA·
2001-03-21
The court determined whether a personal representative can recover damages for pre-death pain and suffering under Florida's nursing home statute (chapter 400) when the resident dies, despite the Wrongful Death Act's general prohibition on survival of personal injury claims after
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632 So. 2d 189·
Fla. 3d DCA·
1994-02-15
A creditor appealed the trial court's order barring his claim against a deceased debtor's estate as untimely. The Florida appellate court affirmed, holding that the creditor's claim was barred under Florida's probate statute because it was filed more than three years after the de
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938 F.2d 513·
4th Cir.·
1991-07-09
The court held that the South Carolina survival statute's exception for fraud claims does not violate the Equal Protection Clause, but civil RICO claims do survive the death of the injured party. The court reversed the judgment on state-law claims and affirmed the RICO judgment.
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723 F.2d 639·
8th Cir.·
1983-12-29
The court held that a guardian for minor children lacked standing to bring a Section 1983 action based on the deceased father's alleged constitutional rights violations.
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389 So. 2d 1081·
Fla. 3d DCA·
1980-11-04
The Florida District Court of Appeal reversed a trial court's dismissal of a fraud action brought by an estate's personal representative, holding that Section 733.104(1) does not impose a blanket one-year statute of limitations on all surviving causes of action, but merely suspen
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330 So. 2d 826·
Fla. 1st DCA·
1976-04-23
The court held that the construction of a street over an existing pipeline easement constituted an unreasonable interference, and the landowner was responsible for the cost of protecting the pipeline.
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512 F.2d 85·
5th Cir.·
1975-04-25
A private cause of action for treble damages under antitrust laws does not survive against the heirs of a deceased wrongdoer after the estate has been administered and distributed.
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462 F.2d 266·
3d Cir.·
1972-06-13
The court held that the decedent's contributory negligence was not established as a matter of law, as the evidence regarding visibility, speed, and distance was not sufficiently precise to invoke the 'incontrovertible physical facts' doctrine.
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371 F.2d 571·
4th Cir.·
1967-01-10
The court held that the trial court's finding that the defendant did not act as a promoter and make misrepresentations was not clearly erroneous, and thus the plaintiff failed to meet the burden of proof.
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26 Fla. Supp. 142·
Duval Cty. Cir. Ct.·
1966-05-03
The circuit court addressed whether a cause of action for personal injuries is assignable under Florida law. The court held that despite a 1951 survival statute, the common law prohibition on assignment of personal injury claims remains in effect absent legislative action, and th
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174 So. 2d 552·
Fla. 2d DCA·
1965-04-28
Phillippi Creek Homes sued the surviving signatories of a joint promissory note after one maker died. The trial court dismissed the complaint for failure to join the deceased maker's estate as an indispensable party. The appellate court reversed, holding that Florida's survival o
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113 So. 2d 389·
Fla. 3d DCA·
1959-06-26
A legatee is not personally liable for a tort action that survives against the testator's personal representative unless the benefit was expressly burdened to satisfy tort claims.
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185 F.2d 111·
10th Cir.·
1950-11-08
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175 F.2d 209·
9th Cir.·
1949-06-15
The court held that the federal court's jurisdiction was not divested by the state court's concurrent jurisdiction, especially after the state court action abated.