YOUNG v. VIRUET DE GARCIA

No. 64-458.

172 So.2d 243 (1965)

Robert YOUNG, Jr., and Allen Hertz, Appellants, v. Ana Celia Viruet de GARCIA, Individually, as widow of Antonio Garcia, deceased, or alternatively as dependent of Antonio Garcia, deceased, and Rosita Garcia, Hector Garcia, Gladys Garcia and Irma Iris Garcia, minors, by their mother and next friend, Ana Celia Viruet de Garcia, Appellees.

District Court of Appeal of Florida. Third District.

February 23, 1965.


Attorney(s) appearing for the Case

Sherouse & Corlett; Richard M. Gale, and I. Stanley Levine, Miami, for appellants.

Nichols, Gaither, Beckham, Colson & Spence and Alan R. Schwartz, Miami, for appellees.

Before TILLMAN PEARSON, HORTON and HENDRY, JJ.


HORTON, Judge.

Plaintiff-appellee, the alleged widow of the decedent, brought action pursuant to § 768.02, Fla. Stat., F.S.A., to recover damages for decedent's wrongful death. The amended complaint sought damages under three alternative theories: first, plaintiff as the widow of the deceased, or second, the children qua children of the deceased, or third, plaintiff and the children as dependents of the deceased. Motions...

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