JOLLEY v. POWELL

No. 73-789.

299 So.2d 647 (1974)

Richard F. JOLLEY, Administrator of the Estate of Karen Ann Jolley, Deceased, Plaintiff, v. James POWELL, Defendant.

District Court of Appeal of Florida, Second District.

September 4, 1974.


Attorney(s) appearing for the Case

Otto E. Halboth of Earle, Earle & Bryson, St. Petersburg, for plaintiff.

Hugh E. Reams of Kiernan & Reams, St. Petersburg, for defendant.


McNULTY, Judge.

We answer today a question certified to us1 by the Circuit Court for Pinellas County in this pending wrongful death action. The question certified is as follows:

IN AN ACTION FOR WRONGFUL DEATH, IS THERE AVAILABLE TO THE DEFENDANT THE AFFIRMATIVE DEFENSE OF INSANITY AT THE TIME OF THE ACT, CAUSING THE ALLEGED WRONGFUL DEATH.

The alleged facts underlying the question are that on October 28, 1972, the defendant...

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