GRABER v. JOSEPH L. MORSE GERIATRIC CENTER, INC.

No. 4D01-3899.

837 So.2d 473 (2002)

Irene GRABER, as Personal Representative of the Estate of Martin Graber, deceased, and on the behalf of the survivors thereof, Appellant, v. The JOSEPH L. MORSE GERIATRIC CENTER, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

December 26, 2002.


Attorney(s) appearing for the Case

Robert T. Bergin, Jr. of Robert T. Bergin, Jr. P.A., West Palm Beach, and Philip M. Burlington, of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellant.

Gail Leverett Parenti of Parenti, Falk, Waas, Hernandez & Cortina, P.A, Coral Gables and Susan P. Sistare of Sistare & Associates, Fort Lauderdale, for appellee.


MAY, J.

Statutory construction and the art of pleading a claim for relief bring this case before the court. The trial court granted a partial summary judgment for the defendant on the survivor's damage claims. By agreement with the defendant, the plaintiff voluntarily dismissed the estate's damage claim without prejudice. The trial court entered a final judgment, from which the plaintiff appeals. We reverse.

The plaintiff's complaint alleged that the nursing...

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