Florida Statute 46.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 46
PARTIES

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F.S. 46.021

46.021 Actions; surviving death of party.—No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.

History.—s. 30, Nov. 23, 1828; RS 989; GS 1375; RGS 2571; CGL 4211; s. 1, ch. 26541, 1951; s. 2, ch. 67-254.

Note.—Former s. 45.11.

F.S. 46.021 on Google Scholar

F.S. 46.021 on CourtListener

Amendments to 46.021

Annotations, Discussions, Cases:

Cases Citing Statute 46.021

Total Results: 92

Bould v. Touchette

349 So. 2d 1181

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 2451397

Cited 111 times | Published

(1970), and the former survivorship statute, Section 46.021, Florida Statutes (1970)). The accident causing

Knowles v. Beverly Enterprises-Florida

898 So. 2d 1, 2004 WL 2922097

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1732329

Cited 89 times | Published

was intended by the Legislature in light of section 46.021, Florida Statutes (1993), which provides that

Martin v. United Security Services, Inc.

314 So. 2d 765

Supreme Court of Florida | Filed: Apr 23, 1975 | Docket: 1420969

Cited 62 times | Published

eliminated claims under the survival statute, Section 46.021, Florida Statutes (1973), for (1) pain and

Stern v. Miller

348 So. 2d 303

Supreme Court of Florida | Filed: Jun 9, 1977 | Docket: 1760683

Cited 45 times | Published

45.11, Florida Statutes (1965, as amended), Section 46.021, Florida Statutes (1971).

Thompson v. Kindred Nursing Centers East, LLC

211 F. Supp. 2d 1345, 2002 U.S. Dist. LEXIS 10210, 2002 WL 1257767

District Court, M.D. Florida | Filed: Apr 16, 2002 | Docket: 2437549

Cited 42 times | Published

"survive [her] death...pursuant to Fla. Stat. § 46.021." [Docket No. 7 ¶ 10]. Plaintiff Thompson also

Engle Cases 4432 Individual Tobacco v. Various Tobacco Companies

767 F.3d 1082, 89 Fed. R. Serv. 3d 1199, 2014 U.S. App. LEXIS 17450

Court of Appeals for the Eleventh Circuit | Filed: Sep 10, 2014 | Docket: 1185047

Cited 39 times | Published

of the deceased. See Fla. Stat. § 46.021; Smith v. Lusk, 356 So.2d 1309

Matthews v. Williford

318 So. 2d 480

District Court of Appeal of Florida | Filed: Sep 5, 1975 | Docket: 1739216

Cited 35 times | Published

under former Florida Statute 768.01-02 and Florida Statute 46.021 for wrongful death and survival damages

Becker v. King

307 So. 2d 855

District Court of Appeal of Florida | Filed: Jan 17, 1975 | Docket: 1335585

Cited 30 times | Published

judgment or decree of divorce nunc pro tunc". Note Section 46.021, F.S. [4] Ellis v. State (1930) 100 Fla. 27

Greenfield v. Manor Care, Inc.

705 So. 2d 926, 1998 WL 25538

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1753762

Cited 28 times | Published

was intended by the Legislature in light of section 46.021, Florida Statutes (1993), which provides that

Atlas Properties, Inc. v. Didich

226 So. 2d 684

Supreme Court of Florida | Filed: Sep 17, 1969 | Docket: 449625

Cited 25 times | Published

based upon the survival of actions pursuant to Section 46.021, Fla. Stat., 1967 [F.S.A.]." Petitioner further

Mullarkey v. Florida Feed Mills, Inc.

268 So. 2d 363

Supreme Court of Florida | Filed: Oct 25, 1972 | Docket: 1476990

Cited 24 times | Published

seeking whatever relief possible under Fla. Stat. § 46.021, F.S.A., the Survival Statute, and Fla. Stat.

Lohr v. Byrd

522 So. 2d 845, 1988 WL 34019

Supreme Court of Florida | Filed: Apr 14, 1988 | Docket: 1660856

Cited 23 times | Published

existence at that time, which is now included in section 46.021, Florida Statutes (1985). In holding that the

Mathews v. Ranger Insurance Company

281 So. 2d 345, 1973 Fla. LEXIS 5012

Supreme Court of Florida | Filed: Jun 13, 1973 | Docket: 1261988

Cited 23 times | Published

sought under the Florida Survival Statute, F.S. Section 46.021, F.S.A., and the Wrongful Death Statute, F

Florida Convalescent Centers v. Somberg

840 So. 2d 998, 28 Fla. L. Weekly Supp. 122, 2003 Fla. LEXIS 166, 2003 WL 252155

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 1748290

Cited 17 times | Published

1-2 (June 10, 1980) (emphasis added). [7] Section 46.021, Florida Statutes (1997), also known as the

Beverly Enterprises-Florida v. Spilman

661 So. 2d 867, 1995 WL 570434

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 1526481

Cited 16 times | Published

(1991), rather than by the survival statute, section 46.021, Florida Statutes (1991). Sections 768.16

Whitman v. Red Top Sedan Service, Inc.

218 So. 2d 213

District Court of Appeal of Florida | Filed: Jan 21, 1969 | Docket: 470392

Cited 16 times | Published

wife, under the survival statute, § 45.11, now § 46.021 Fla. Stat., F.S.A. The defendants answered and

SCHOOL BD. OF BROWARD CTY. v. Surette

394 So. 2d 147

District Court of Appeal of Florida | Filed: Jan 28, 1981 | Docket: 1315741

Cited 14 times | Published

(1971) and for survivorship damages pursuant to Section 46.021, Florida Statutes (1971). A jury returned a

Taylor v. Orlando Clinic

555 So. 2d 876, 1989 WL 139521

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1396992

Cited 13 times | Published

the person has been generally abrogated by section 46.021, Florida Statutes, which states: No cause of

Laizure v. Avante at Leesburg, Inc.

109 So. 3d 752, 38 Fla. L. Weekly Supp. 102, 2013 WL 535417, 2013 Fla. LEXIS 249

Supreme Court of Florida | Filed: Feb 14, 2013 | Docket: 60229788

Cited 12 times | Published

death damages pursuant to s. 768.21.” Id.2 Section 46.021 provides that “[n]o cause of action dies with

Arthur v. Unicare Health Facilities, Inc.

602 So. 2d 596, 1992 WL 135047

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 161001

Cited 12 times | Published

preserved by the survival of actions statute, section 46.021, Florida Statutes (1987). See Williams v. Bay

Notarian v. Plantation AMC Jeep, Inc.

567 So. 2d 1034, 1990 WL 149760

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 845674

Cited 12 times | Published

tort survive" the tort victim's death. Id.; see § 46.021, Fla. Stat. (1989). The assignability of a tort

Capone v. Philip Morris USA, Inc.

116 So. 3d 363, 38 Fla. L. Weekly Supp. 402, 2013 WL 2631180, 2013 Fla. LEXIS 1180

Supreme Court of Florida | Filed: Jun 13, 2013 | Docket: 60232348

Cited 11 times | Published

asserts a claim for survival damages pursuant to Section 46.021, Florida Statutes, as Decedent suffered past

Linder v. Calero Portocarrero

747 F. Supp. 1452, 1990 U.S. Dist. LEXIS 12494, 1990 WL 138866

District Court, S.D. Florida | Filed: Sep 17, 1990 | Docket: 10296

Cited 11 times | Published

[4] and the Florida Survivor Statute, Fla.Stat. § 46.021,[5] as well as the Florida common law tort of

Spicy v. City of Miami

280 So. 2d 419

Supreme Court of Florida | Filed: Jun 27, 1973 | Docket: 2517168

Cited 11 times | Published

the doctor." (Emphasis added) [3] Fla. Stat. § 46.021, F.S.A. [4] Hargrove v. Town of Cocoa Beach,

Niemi v. BROWN & WILLIAMSON TOBACCO CORPORATION

862 So. 2d 31, 2003 WL 22187140

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 1762904

Cited 10 times | Published

However, section 46.021, Florida Statutes (2002), has long overridden the common law. Section 46.021 states:

Metropolitan Life Ins. Co. v. McCarson

429 So. 2d 1287

District Court of Appeal of Florida | Filed: Apr 6, 1983 | Docket: 1667560

Cited 10 times | Published

survived if her death had resulted from other causes. § 46.021, Fla. Stat. (1981). The Florida Wrongful Death

Estate of Youngblood v. Halifax Convalescent Center, Ltd.

874 So. 2d 596, 2004 WL 119298

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1473839

Cited 9 times | Published

defended in the name of the person prescribed by law. § 46.021, Fla. Stat. Thus in a case such as this where

Beverly Enterprises-Florida, Inc. v. Knowles

766 So. 2d 335, 2000 WL 668482

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1329621

Cited 9 times | Published

read section 400.023(1) in pari materia with section 46.021, Florida Statutes (1993), which provides that

Carpenter v. Sylvester

267 So. 2d 370, 58 A.L.R. 3d 183

District Court of Appeal of Florida | Filed: Oct 17, 1972 | Docket: 1740591

Cited 9 times | Published

2d 708. The appellee contends that because of § 46.021, Fla. Stat., F.S.A. for survival of actions generally

Byrd v. Lohr

488 So. 2d 138, 11 Fla. L. Weekly 1067

District Court of Appeal of Florida | Filed: May 8, 1986 | Docket: 1685403

Cited 8 times | Published

Florida's survival statute, then section 45.11, now section 46.021.[2] The court then stated: "This appears to

Smith v. Lusk

356 So. 2d 1309

District Court of Appeal of Florida | Filed: Mar 29, 1978 | Docket: 1478401

Cited 8 times | Published

Company. Count I was an action pursuant to Section 46.021, Florida Statutes (1975), commonly referred

Reeder v. Edward M. Chadbourne, Inc.

338 So. 2d 271

District Court of Appeal of Florida | Filed: Oct 26, 1976 | Docket: 455287

Cited 8 times | Published

old wrongful death statutes, F.S. 768.02 and F.S. 46.021 (1971). While both actions grew out of the same

Reed by and Through Reed v. United States

717 F. Supp. 1511, 1988 U.S. Dist. LEXIS 16666, 1988 WL 161328

District Court, S.D. Florida | Filed: Aug 10, 1988 | Docket: 1151952

Cited 7 times | Published

Jur.2d Actions § 77 (1977). See also Fla.Stat. § 46.021. Secondly, Defendant argues that since the underlying

Atlas Properties, Inc. v. Didich

213 So. 2d 278

District Court of Appeal of Florida | Filed: Aug 6, 1968 | Docket: 1278792

Cited 7 times | Published

the Florida Survival Act, § 45.11 (1965) (now § 46.021, Fla. Stat. (1967), F.S.A.). Having considered

Williams v. Bay Hosp., Inc.

471 So. 2d 626, 10 Fla. L. Weekly 1569

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 1396922

Cited 6 times | Published

amend the complaint by adding a reference to Section 46.021, Florida Statutes (1983), the survival of actions

Williams v. Tandem Health Care of Florida

899 So. 2d 369, 2005 WL 700953

District Court of Appeal of Florida | Filed: Mar 29, 2005 | Docket: 1705716

Cited 5 times | Published

third, a survivorship claim, brought under section 46.021, Florida Statutes, was dismissed during trial

Gonzalez-Jimenez De Ruiz v. United States

231 F. Supp. 2d 1187, 2002 U.S. Dist. LEXIS 22849, 2002 WL 31599468

District Court, M.D. Florida | Filed: Nov 14, 2002 | Docket: 2450184

Cited 5 times | Published

decedent under Florida's survivor statute, Fla. Stat. § 46.021, assuming there is a claim to prosecute.[24] Secondly

Touchette v. Bould

324 So. 2d 707

District Court of Appeal of Florida | Filed: Dec 26, 1975 | Docket: 1248775

Cited 5 times | Published

survivorship action brought under *711 Fla. Stat. § 46.021 (1971). The proper elements of damage recoverable

Forrest v. Carter

308 So. 2d 141

District Court of Appeal of Florida | Filed: Jan 28, 1975 | Docket: 2515493

Cited 5 times | Published

S. 768.01-768.02, and the survival statute, F.S. 46.021. The complaint, as amended, alleged various acts

Hill v. Colonial Enterprises, Inc.

219 So. 2d 51

District Court of Appeal of Florida | Filed: Feb 10, 1969 | Docket: 1705349

Cited 5 times | Published

survival statute, Section 45.11, F.S. 1963 (now Section 46.021, F.S. 1967, F.S.A.). For the foregoing reasons

Stewart v. Price

718 So. 2d 205, 1998 WL 422317

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1515133

Cited 4 times | Published

"similar health care provider." [2] While section 46.021, Florida Statutes, does provide that no cause

Rhein Medical, Inc. v. Koehler

889 F. Supp. 1511, 1995 U.S. Dist. LEXIS 8932, 1995 WL 385108

District Court, M.D. Florida | Filed: Jun 19, 1995 | Docket: 2415245

Cited 4 times | Published

settlement of their claims. See generally Fla.Stat. § 46.021 (causes of action do not die with the person but

Poole v. TALLAHASSEE MEMORIAL HOSP.

520 So. 2d 627, 1988 WL 8417

District Court of Appeal of Florida | Filed: Feb 8, 1988 | Docket: 1300078

Cited 4 times | Published

Florida Statutes) and the survival statute (Section 46.021, Florida Statutes), against TMRMC, alleging

Tappan v. Florida Medical Center, Inc.

488 So. 2d 630

District Court of Appeal of Florida | Filed: May 14, 1986 | Docket: 1685349

Cited 4 times | Published

exists at all, it is under the survival statute, Section 46.021, Florida Statutes (1983), not the Wrongful

Woodburn v. Florida Department of Children & Family Services

854 F. Supp. 2d 1184, 2011 WL 7661425, 2011 U.S. Dist. LEXIS 154858

District Court, S.D. Florida | Filed: Dec 1, 2011 | Docket: 65980458

Cited 3 times | Published

name of the person prescribed by law.” Fla. Stat. § 46.021 (2011); see also Nguyen v. U.S. D.E.A., No. 1:0

In re Engle Cases

45 F. Supp. 3d 1351, 2014 U.S. Dist. LEXIS 133727, 2014 WL 4542998

District Court, M.D. Florida | Filed: Sep 12, 2014 | Docket: 64297185

Cited 2 times | Published

under the survival action statute, Fla. Stat. § 46.021, and a suit brought under the Wrongful Death Act

Homaday v. Smith & Nephew, Inc.

994 F. Supp. 2d 1264, 2014 WL 260568, 2014 U.S. Dist. LEXIS 10292

District Court, M.D. Florida | Filed: Jan 7, 2014 | Docket: 65997075

Cited 2 times | Published

action from a wrongful death claim. See Fla. Stat. § 46.021 (“No cause of action dies with the person. All

Foxworth Ex Rel. Estate of Durden v. Kia Motors

377 F. Supp. 2d 1196, 2005 U.S. Dist. LEXIS 18587, 2005 WL 1690601

District Court, N.D. Florida | Filed: Mar 30, 2005 | Docket: 2574291

Cited 2 times | Published

768.27, and Survival Statute ("SS"), Fla. Stat. § 46.021, a characterization which Plaintiffs have not

Young v. ST. VINCENT'S MEDICAL CENTER

653 So. 2d 499, 1995 WL 234614

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 552214

Cited 2 times | Published

(1973). [6] F.S. 45.11 (1965), as amended, F.S. 46.021 (1971), superseded by F.S. 768.16-.27 (1973)

Diamond v. WHALEY, CHAPMAN & HANNAH, MD's, PA

550 So. 2d 54, 1989 WL 100496

District Court of Appeal of Florida | Filed: Aug 30, 1989 | Docket: 1370106

Cited 2 times | Published

estate. He pursued the survival action under section 46.021, Florida Statutes (1987). He also filed an

Keller v. Miami Herald Publishing Co.

778 F.2d 711, 54 U.S.L.W. 2403, 12 Media L. Rep. (BNA) 1561, 1985 U.S. App. LEXIS 25432

Court of Appeals for the Eleventh Circuit | Filed: Dec 19, 1985 | Docket: 66212149

Cited 2 times | Published

the death of the injured party. See Fla. Stat. § 46.021 (1983). . The motion for summary judgment is

Alexander v. Alterman Transp. Lines

327 So. 2d 860

District Court of Appeal of Florida | Filed: Mar 5, 1976 | Docket: 1364134

Cited 2 times | Published

that the provisions of the Survival Statute, Section 46.021, Florida Statutes, were consolidated with the

McLeod v. Young

257 So. 2d 605, 1972 Fla. App. LEXIS 7390

District Court of Appeal of Florida | Filed: Jan 14, 1972 | Docket: 64524287

Cited 2 times | Published

estate and under the survival statute, F.S. Section 46.021, F.S.A., for medical treatment, bodily injury

Sharbaugh v. Beaudry

267 F. Supp. 3d 1326

District Court, N.D. Florida | Filed: Jul 14, 2017 | Docket: 64315301

Cited 1 times | Published

decedent’s cause of action survived under Fla. Stat. § 46.021 (“[n]o cause of action dies with the person”)

Starling v. R.J. Reynolds Tobacco Co.

845 F. Supp. 2d 1215, 2011 U.S. Dist. LEXIS 151514, 2011 WL 6965854

District Court, M.D. Florida | Filed: Nov 2, 2011 | Docket: 65979342

Cited 1 times | Published

amend the complaint by adding a reference to Section 46.021, Florida Statutes (1983), the survival of actions

Capone v. Philip Morris U.S.A. Inc.

56 So. 3d 34, 2010 Fla. App. LEXIS 18323, 2010 WL 4861743

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60298578

Cited 1 times | Published

injury action that would otherwise survive under section 46.021). Karen Capone argues that her wrongful death

Salfi v. COLUMBIA/JFK MEDICAL CENTER LTD.

942 So. 2d 417, 2006 WL 2872627

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 1737178

Cited 1 times | Published

Station WQBA, 731 So.2d 638, 644-45 (Fla.1999)). Section 46.021, Florida Statutes, provides that "[n]o cause

Mackle v. Mackle

389 So. 2d 1081, 1980 Fla. App. LEXIS 18024

District Court of Appeal of Florida | Filed: Nov 4, 1980 | Docket: 64578662

Cited 1 times | Published

fraud action survived the death of Elliott Mackle. § 46.021, Fla.Stat. (1979). . The earlier version of

Egan v. Pan American World Airways, Inc.

62 F.R.D. 710, 1974 U.S. Dist. LEXIS 9589

District Court, S.D. Florida | Filed: Mar 11, 1974 | Docket: 66069062

Cited 1 times | Published

survival action brought pursuant to Fla.Stat. § 46.021 (1971) may not be maintained. It is settled that

Jordan M. Anderson v. the School Board of Escambia County

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890926

Published

negligence under Florida’s Survival Statute, section 46.021, Florida Statutes. The School Board moved

Carlos Batista, etc. v. Ramiro A. Rodriguez, etc.

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553885

Published

exploitation is an elderly or disabled person.”); § 46.021, Fla. Stat. (“No cause of action dies with the

Johnnie Teresa Marchisio v. C. Mack Gurley

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103701

Published

“[n]o cause of action dies with the person.” § 46.021, Fla. Stat. (2022). “All causes of action survive

Mary E. Sheffield, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Nov 18, 2021 | Docket: 61531979

Published

in the name of the person prescribed by law. § 46.021, Fla. Stat. (2020). On the other hand, if—as

Harris v. R.J. Reynolds Tobacco Co.

383 F. Supp. 3d 1315

District Court, M.D. Florida | Filed: Apr 15, 2019 | Docket: 64324705

Published

as well as under Florida's survival statute, § 46.021, Fla. Stat. (Doc. 178 at 5-7). As noted earlier

Ammar Al Batha, as Personal etc. v. State of Florida, Agency for Health Care etc.

263 So. 3d 817

District Court of Appeal of Florida | Filed: Jan 14, 2019 | Docket: 8494334

Published

existing cause of action does not die with him. See § 46.021, Fla. Stat. (2016); Levy v. Baptist Hosp. of Miami

Edward Wallace v. Tina Keldie

249 So. 3d 747

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144544

Published

dismissal was not warranted on that basis. 5 See § 46.021, Fla. Stat. (“No cause of action dies with the

Edward Wallace v. Tina Keldie

249 So. 3d 747

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144544

Published

dismissal was not warranted on that basis. 5 See § 46.021, Fla. Stat. (“No cause of action dies with the

PHILIP MORRIS USA INC. v. BERNICE MCCALL

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240860

Published

“survival” claim due to the survival action statute, section 46.021, Florida Statutes (2007), which preserves actions

Peklun ex rel. Estate of Peklun v. Tierra Del Mar Condominium Ass'n

119 F. Supp. 3d 1361, 2015 U.S. Dist. LEXIS 101852, 2015 WL 4638602

District Court, S.D. Florida | Filed: Aug 4, 2015 | Docket: 64303286

Published

and the Florida Survival Statute, Fla. Stat. § 46.021. See ECF No. [20-2], This case was filed after

Earl E. Graham v. R.J. Reynolds Tobacco Company

782 F.3d 1261, 2015 U.S. App. LEXIS 5657, 2015 WL 1546522

Court of Appeals for the Eleventh Circuit | Filed: Apr 8, 2015 | Docket: 2647722

Published

loss of earnings, among other things. Fla. Stat. § 46.021; see also Martin, 314 So.2d at

Jackson v. Albright

120 So. 3d 37, 2013 WL 3811812, 2013 Fla. App. LEXIS 11587

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234114

Published

not moot because of the survival statute. See § 46.021, Fla. Stat. (2005).

Kaplan v. Kaplan

903 F. Supp. 2d 1304, 2012 WL 5396204, 2012 U.S. Dist. LEXIS 161480

District Court, M.D. Florida | Filed: Oct 30, 2012 | Docket: 65986323

Published

federal action survives Leon’s death. Fla. Stat. § 46.021; Cameron v. Mittuch, 113 So.2d 389, 390 (Fla.

Skyrme v. RJ REYNOLDS TOBACCO COMPANY

75 So. 3d 769, 2011 Fla. App. LEXIS 18404, 2011 WL 5832338

District Court of Appeal of Florida | Filed: Nov 18, 2011 | Docket: 2355178

Published

action [could not] be dismissed in light of section 46.021."[1]Id. Addressing the jurisdictional prongs

Ruble v. Rinker Material Corp.

59 So. 3d 137, 2011 Fla. App. LEXIS 1019, 2011 WL 409015

District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 60299609

Published

injury action that would otherwise survive under section 46.021).”) (citation omitted) (footnote omitted).

Jackson v. York Hannover Nursing Centers, Inc.

853 So. 2d 598, 2003 Fla. App. LEXIS 13285, 2003 WL 22056310

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 64824753

Published

deprivation and infringement of rights pursuant to section 46.021, Florida Statutes (1999). In this count the

Stewart v. Price

704 So. 2d 594, 1997 WL 611526

District Court of Appeal of Florida | Filed: Oct 7, 1997 | Docket: 64778343

Published

a "similar health care provider.” . While section 46.021, Florida Statutes, does provide that no cause

Burns v. Estate of Cobb

589 So. 2d 413, 1991 Fla. App. LEXIS 11275, 1991 WL 234560

District Court of Appeal of Florida | Filed: Nov 14, 1991 | Docket: 64663116

Published

Clutter, 173 So.2d 761 (Fla. 3d DCA 1965). . Section 46.021, Florida Statutes; see also Taylor v. Orlando

Estate of Wilson v. Metro-Dade Police Department

585 So. 2d 946, 1990 Fla. App. LEXIS 4728, 1990 WL 91883

District Court of Appeal of Florida | Filed: Jul 3, 1990 | Docket: 64661557

Published

as respondent. See Fla.R.Civ.P. 1.260; see also § 46.021, Fla.Stat. (1987). Metro-Dade moved for summary

Estate of Wilson v. Metro-Dade Police Department

585 So. 2d 946, 1990 Fla. App. LEXIS 4728, 1990 WL 91883

District Court of Appeal of Florida | Filed: Jul 3, 1990 | Docket: 64661557

Published

as respondent. See Fla.R.Civ.P. 1.260; see also § 46.021, Fla.Stat. (1987). Metro-Dade moved for summary

School Board of Broward County v. Surette

394 So. 2d 147, 1981 Fla. App. LEXIS 18680

District Court of Appeal of Florida | Filed: Jan 28, 1981 | Docket: 64580462

Published

(1971) and for survivorship damages pursuant to Section 46.021, Florida Statutes (1971). A jury returned a

Wojcik v. United Services Automobile Ass'n

347 So. 2d 1051, 1977 Fla. App. LEXIS 15392

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 64559457

Published

survivors the amount formerly recoverable under Section 46.021, Florida Statutes, for the decedent’s pain

Jolly v. Insurance Co. of North America

331 So. 2d 368, 1976 Fla. App. LEXIS 14168

District Court of Appeal of Florida | Filed: Apr 27, 1976 | Docket: 64553535

Published

Jolly, deceased, under the survival statute, § 46.021, Fla.Stat., and by Frank M. Jolly, individually

Niemi v. Mebane Oil Co.

303 So. 2d 661, 1974 Fla. App. LEXIS 8345

District Court of Appeal of Florida | Filed: Nov 22, 1974 | Docket: 64542822

Published

damage recoverable under Florida Statute 45.11 [now § 46.021] ? Examination of the briefs, confirmed at oral

City of Miami v. Cleveland

250 So. 2d 298, 1971 Fla. App. LEXIS 6266

District Court of Appeal of Florida | Filed: Jun 29, 1971 | Docket: 64521319

Published

Ejester Cleveland, deceased, under the survival act, § 46.021 Fla.Stat., F.S.A., and by Cleveland’s widow, under

Honka v. Eastern Air Lines, Inc.

327 F. Supp. 251

District Court, S.D. Florida | Filed: Feb 11, 1971 | Docket: 66070471

Published

pursuant to the provisions of Florida Statutes § 46.021, F.S.A. Damages claimed by the personal representative

Colonial Enterprises, Inc. v. Hill

227 So. 2d 481, 1969 Fla. LEXIS 2141

Supreme Court of Florida | Filed: Oct 29, 1969 | Docket: 64511849

Published

authority of Fla.Stat., § 45.11 (now Fla. Stat., § 46.021, F.S.A.), by the daughter of Menda Marie Hill

Smith v. Laskey

222 So. 2d 773, 1969 Fla. App. LEXIS 5857

District Court of Appeal of Florida | Filed: Apr 30, 1969 | Docket: 64509933

Published

action, under Section 45.11, F.S.1965 (now Section 46.021, F.S.1967, F.S.A.). It is clear from the damages

Bohannon v. McGowan

222 So. 2d 60, 1969 Fla. App. LEXIS 5766

District Court of Appeal of Florida | Filed: Apr 16, 1969 | Docket: 64509594

Published

administrator moved for substitution under Section 46.021, Florida Statutes, F.S.A. The trial judge held

Osceola v. Greene

217 So. 2d 609, 1969 Fla. App. LEXIS 6382

District Court of Appeal of Florida | Filed: Jan 21, 1969 | Docket: 64507944

Published

adminis-tratrix of his estate, under § 45.11, now § 46.021 Fla.Stat., F.S.A. The two cases were consolidated

Levy v. Baptist Hospital of Miami, Inc.

210 So. 2d 730, 1968 Fla. App. LEXIS 5597

District Court of Appeal of Florida | Filed: May 21, 1968 | Docket: 64505448

Published

Stat. § 45.11 (1965), F.S.A., see also Fla.Stat. § 46.021 (1967), F.S.A.

Levy v. Baptist Hospital of Miami, Inc.

210 So. 2d 730, 1968 Fla. App. LEXIS 5597

District Court of Appeal of Florida | Filed: May 21, 1968 | Docket: 64505448

Published

Stat. § 45.11 (1965), F.S.A., see also Fla.Stat. § 46.021 (1967), F.S.A.

Fitchner v. American Surety Co.

2 F. Supp. 321, 1933 U.S. Dist. LEXIS 1869

District Court, N.D. Florida | Filed: Feb 4, 1933 | Docket: 63768587

Published

supersedeas bond pursuant to and in conformity with section 46-21, Comp-. Gen. Laws Fla. 1927, in the sum of $4