Pan American Bank of Sarasota v. Langan

District Court of Appeal of Florida

Pan American Bank of Sarasota v. Langan

315 So. 2d 216, 1975 Fla. App. LEXIS 13569

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1975

DocketNo. 75-41

StatusPublished

This text of 315 So. 2d 216 (Pan American Bank of Sarasota v. Langan) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pan American Bank of Sarasota v. Langan, 315 So. 2d 216, 1975 Fla. App. LEXIS 13569 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

In this combined survival and wrongful death action, plaintiff-appellant, as administrator of the Estate of Herman A. Nause, deceased, appeals the dismissal of its count for punitive damages. We reverse.

After this case was orally argued before us our Supreme Court handed down its consolidated decisions in Martin v. United Security Services, Inc. and Mobley v. American Bankers Insurance Company of Florida.¹ The court there held that the new wrongful death act, i. e., § 768.16 et seq., F.S.1973, did not eliminate the right to claim punitive damages in actions brought thereunder.² The trial court’s order to the contrary herein is therefore in error.

[217]*217In view whereof, the order appealed from should he, and it is hereby, reversed; and the cause is remanded for further proceedings not inconsistent herewith.

McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.

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PER CURIAM.

In this combined survival and wrongful death action, plaintiff-appellant, as administrator of the Estate of Herman A. Nause, deceased, appeals the dismissal of its count for punitive damages. We reverse.

After this case was orally argued before us our Supreme Court handed down its consolidated decisions in Martin v. United Security Services, Inc. and Mobley v. American Bankers Insurance Company of Florida.¹ The court there held that the new wrongful death act, i. e., § 768.16 et seq., F.S.1973, did not eliminate the right to claim punitive damages in actions brought thereunder.² The trial court’s order to the contrary herein is therefore in error.

[217]*217In view whereof, the order appealed from should he, and it is hereby, reversed; and the cause is remanded for further proceedings not inconsistent herewith.

McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.

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315 So. 2d 216, 1975 Fla. App. LEXIS 13569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pan-american-bank-of-sarasota-v-langan-fladistctapp-1975.

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