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McKIBBEN v. MALLORY

No. 44653.

293 So.2d 48 (1974)

Lance W. McKIBBEN and Peggy S. McKibben, Minors, by and through the Guardian of Their Person and Property, Bryon McKibben, Plaintiffs, v. LeRoy T. MALLORY et al., Defendants.

Supreme Court of Florida.

March 20, 1974.

Attorney(s) appearing for the Case

Edward M. Waller, Jr. of Fowler, White, Gillen, Kinney, Boggs & Villareal, Miami, for plaintiffs.

H. Vance Smith of MacFarlane, Ferguson, Allison & Kelly, Tampa, for defendants.

Robert Orseck of Podhurst, Orseck & Parks, Miami, for amicus curiae, Academy of Florida Trial Lawyers.

ROBERTS, Justice.

We have for consideration questions from the Thirteenth Judicial Circuit in and for Hillsborough County relating to the new wrongful death act, Chapter 72-35, Laws of Florida, designated as Sections 768.16 through 768.27, Florida Statutes, adopted by the Legislature during the 1972 legislative session and its affect on rights of action under previous Sections 768.01, 768.02 and 768.03, Florida Statutes, which were purportedly repealed by Chapter...

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