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BOHANNON v. McGOWAN

No. 68-276.

222 So.2d 60 (1969)

Howard Earl BOHANNON, As Administrator of the Estate of Heriod Elmore Bohannon, Deceased, Appellant, v. Helen Eiland McGOWAN, Appellee.

District Court of Appeal of Florida. Second District.

April 16, 1969.

Attorney(s) appearing for the Case

Larry Klein, of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, and Lefferts L. Mabie, Jr., Pensacola, for appellant.

David S. Yost, of Cramer, Robinson, Ginsburg & Ross, Sarasota, for appellee.

MANN, Judge.

The child of the original plaintiff in this action, brought under Section 768.03, Florida Statutes, F.S.A., was killed in an accident which took the life of the mother as well. After filing this suit the plaintiff died and his administrator moved for substitution under Section 46.021, Florida Statutes, F.S.A. The trial judge held that the action abated with the death of the surviving parent, and this appeal ensued.

The appellee contends that since...

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