DANIELS v. GREENFIELD

No. 4D08-3612.

15 So.3d 908 (2009)

Dorothea DANIELS, as Personal Representative of the Estate of Shea Daniels, deceased, Appellant, v. Jonathan GREENFIELD, M.D., Jonathan Greenfield, M.D., P.A., and Tenet St. Mary's, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

August 5, 2009.


Attorney(s) appearing for the Case

Julie H. Littky-Rubin of Lytal, Reiter, Clark, Fountain & Williams, LLP, West Palm Beach, for appellant.

Lawrence E. Brownstein of Lawrence E. Brownstein, P.A., West Palm Beach, for appellees Jonathan Greenfield, M.D. and Jonathan Greenfield, M.D., P.A.

Robert S. Covitz and Norman M. Waas of Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A., Fort Lauderdale, for appellee Tenet St. Mary's, Inc.


WARNER, J.

The personal representative of the estate of Shea Daniels appeals a summary judgment which determined that Daniels's son, Javon Daniels, was not a survivor under the Wrongful Death Act, because at the time of Javon's birth, his mother was married to another man, although the mother had not seen her husband for several years. We hold that under the unique circumstances of this case, the court erred in determining as a matter of law that the child is not...

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