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KELLY v. GEORGIA-PACIFIC, LLC

No. 4D15-4666.

211 So.3d 340 (2017)

Janis KELLY, as Personal Representative of the Estate of John K. Kelly, Appellant, v. GEORGIA-PACIFIC, LLC, Union Carbide Corp., Premix-Marbletite Manufacturing Co., and Imperial Industries, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

February 22, 2017.

Attorney(s) appearing for the Case

Paulo R. Lima , Juan P. Bauta II , and Amanda A. Kessler of The Ferraro Law Firm, P.A., Miami, for appellant.

Marie A. Borland of Hill, Ward & Henderson, P.A., Tampa, and Stuart A. Weinstein and Laura E. Eggnatz of Shapiro, Blasi, Wasserman & Hermann, P.A., Boca Raton, for appellee Georgia-Pacific, LLC.

Matthew J. Conigliaro of Carlton Fields Jorden Burt, P.A., Tampa, and Ryan S. Cobbs of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee Union Carbide Corporation.

The question presented for our review is whether the Florida Wrongful Death Act supersedes the common law requirement that a spouse must be married to the decedent before the date of the decedent's injury to recover damages for loss of consortium. Stated another way, did the legislative enactment...

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