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SMYER v. GAINES

No. W-502.

332 So.2d 655 (1976)

Myles SMYER, Appellant (Defendant), v. Henry M. GAINES, As Administrator of the Estate of Lilly M. Gaines, Deceased, Appellee (Plaintiff).

District Court of Appeal of Florida, First District.

June 3, 1976.

Attorney(s) appearing for the Case

Robert P. Gaines of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellant.

Fredric G. Levin of Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellee.

MILLS, Judge.

Smyer appeals from a final judgment based on a jury verdict awarding damages to Gaines, as the surviving husband of and as administrator of the estate of his deceased wife, and to his deceased wife's parents in a wrongful death action brought under the Florida Wrongful Death Act, effective 1 July 1972.

The issues raised by the appeal are:

1. Whether, in a wrongful death action, the remarriage...

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