BURGH v. CARROLL

No. 68-463.

217 So.2d 353 (1969)

Patricia BURGH and Robert Burgh, Her Husband, Appellants, v. James D. CARROLL, Appellee.

District Court of Appeal of Florida. Third District.

January 7, 1969.


Attorney(s) appearing for the Case

Linet, Schwartz & Klein, North Miami Beach, for appellants.

Dixon, Bradford, Williams, McKay & Kimbrell, and James A. Dixon, Jr., Miami, for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


PEARSON, Judge.

Mr. and Mrs. Burgh appeal a summary final judgment entered for the appellee, James D. Carroll. The Burghs sued Carroll under the wrongful death statute, § 768.01, Fla. Stat., F.S.A. The trial judge ruled that they were not entitled to maintain the action because they were not dependents within the meaning of § 768.02, Fla. Stat., F.S.A.

Harry Gangler, age 53, was killed June 3, 1967, when he was struck by an automobile owned and driven...

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