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SPARKS v. OBER

No. 65-1012.

192 So.2d 81 (1966)

Lula Mae SPARKS, As Administratrix of the Estate of Clifford Sparks, Deceased, and Lula Mae Sparks, As the Widow of Clifford Sparks, Deceased, Appellant, v. Samuel OBER and Mary E. Ober, a/k/a M.E. Ober, Appellees.

District Court of Appeal of Florida. Third District.

November 22, 1966.

Attorney(s) appearing for the Case

Kelner & Lewis and Alan H. Dombrowsky, Miami, for appellant.

Dubbin, Schiff, Berkman & Dubbin, Miami, for appellees.

Before HENDRY, C.J., and CARROLL and SWANN, JJ.

CARROLL, Judge.

This is an action for damages charging the appellees with negligence resulting in the death of one Clifford Sparks, brought by his widow Lula Mae Sparks under the wrongful death act (§§ 768.01 and 768.02 Fla. Stat., F.S.A.), and by her as administratrix under the survival act (§ 45.11 Fla. Stat., F.S.A.). The trial court dismissed the amended complaint with prejudice on defendants' motion and plaintiff appealed.

The amended complaint...

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