SMART v. FOOSANER

No. 64-301.

169 So.2d 508 (1964)

Bertha R. SMART, as surviving spouse of Collins Smart, Jr., Appellant, v. Annette Freireich FOOSANER, Appellee.

District Court of Appeal of Florida. Third District.

December 15, 1964.


Attorney(s) appearing for the Case

Franklyn Levenson and Edward M. Stein, Miami, for appellant.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl and Edward J. Atkins, Miami, for appellee.

Before HORTON, TILLMAN PEARSON and HENDRY, JJ.


PER CURIAM.

The appellant, claiming to be the common law wife of the decedent, sought damages for his wrongful death. Upon a trial of the cause, certain testimony was sought to be introduced by the appellant, seeking to establish a common law marriage. The trial judge ruled the testimony inadmissible under the "dead man statute" § 90.05, Fla. Stat., F.S.A. The appellant was permitted to proffer the testimony which the trial judge ruled inadmissible. Thereupon...

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