STARKEY v. MIAMI AVIATION CORPORATION

No. 67-995.

214 So.2d 738 (1968)

John L. STARKEY, Sr., As Administrator of the Estate of John L. Starkey, Jr., Deceased, Appellant, v. MIAMI AVIATION CORPORATION, a Florida Corporation, Billie F. Chew, As Executrix of the Estate of Robert G. Chew, Deceased and Belcher Oil Company, a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 5, 1968.


Attorney(s) appearing for the Case

Julius H. Erstling, South Miami, and R.M. MacArthur, Miami, for appellant.

McDonald & McDonald, and Thomas L. Ford, Miami, for appellee Miami Aviation Corp.

Patton & Kanner and Clyde Trammell, Jr., Miami, for appellee Billie F. Chew.

Hall & Hedrick, Miami, for appellee Belcher Oil Co.

Before BARKDULL, HENDRY and SWANN, JJ.


PER CURIAM.

This is an appeal by the plaintiff in a survival and wrongful death action from a final order of dismissal as to defendant Belcher and summary final judgments in favor of the remaining defendants. We thus look to see whether the plaintiff's second amended complaint stated a cause of action against Belcher and whether any material issues of fact remained as to the other defendants which should have precluded entry of the summary judgments.

The second...

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