POWELL v. GESSNER

No. 2541.

231 So.2d 50 (1970)

Frank POWELL, Sr., Appellant, v. Milton John GESSNER, Appellee.

District Court of Appeal of Florida. Fourth District.

January 30, 1970.


Attorney(s) appearing for the Case

Harry Lee Anstead and James F. Simpson of Simpson & Anstead, West Palm Beach, for appellant.

Lake Lytal, Jr., of Howell, Kirby, Montgomery & D'Aiuto, West Palm Beach, for appellee.


OWEN, Judge.

A summary final judgment was entered in favor of defendant in this wrongful death action brought under Sections 768.01-768.02, F.S. 1967, F.S.A., when it was determined that the deceased, Frank Powell, Jr., was survived by a living minor child whose right to the cause of action was superior to the right of action which plaintiff claimed as one dependent upon the deceased for support. Plaintiff appeals from such...

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