DAVIS v. SIMPSON

No. X-206.

313 So.2d 796 (1975)

Lynn Kathleen DAVIS et al., Plaintiffs, v. Dr. Shirley SIMPSON et al., Defendants.

District Court of Appeal of Florida, First District.

June 9, 1975.


Attorney(s) appearing for the Case

Colson & Hicks, Miami, and Michael B. Mann, Lynn Haven, for plaintiffs.

John N. Boggs, III, of Barron, Redding, Boggs & Hughes, Panama City, Charles R. Timmel of Timmel & Campbell, Fort Walton Beach, and E. Harper Field of Keen, O'Kelley & Spitz, Tallahassee, for defendants.


McCORD, Judge.

This case is brought before us as a certified question from the Circuit Court, Gulf County, Florida. The question presented is: Is a full term, viable, but stillborn fetus a "person" within the meaning of § 768.19, Florida Statutes, 1973?

Although none of the parties have raised the point of the propriety of this action as a certified question and appear to be desirous that we treat it as such, it does not meet the test of Rule 4.6, Florida...

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