The 2024 Florida Statutes
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. . . Sections 768.16 - 768.26 are remedial and shall be liberally construed."). . . .
. . . . § 768.16 - 768.26. (DE 31 ¶¶ 6-17). . . . Stat. § 768.16 - 768.26. (DE 31 ¶¶ 6-17). . . .
. . . Sections 768.16 - 768.26 are remedial and shall be liberally construed." . . .
. . . . §§ 768.16-768.26, which does not permit recovery for a decedent’s pre-death pain and suffering. . . . Stat. §§ 768.16-768.26; see also Capone v. . . .
. . . With regard to the payment of “Litigation Expenses,” section 768.26 of the Act provides for the payment . . . Later, in the Wagner case, the court held that section 768.26 of the Act applies to instances where a . . .
. . . . §§ 768.16-768.26, Fla. Stat. (2014). . . .
. . . . §§ 768.16-768.26, which in relevant part allows a decedent’s surviving spouse to recover for the “loss . . .
. . . Plaintiffs have alleged both a § 1983 claim and a Florida Wrongful Death action pursuant to 768.16-768.26 . . .
. . . Specific compliance with section 768.26(6) was not separately alleged, although Ms. . . . Exposito’s claims were barred by the statute of limitations; that she failed to comply with section 768.26 . . . “within three years of the incident;” that the doctors could not be personally liable under section 768.26 . . .
. . . Sections 768.16-768.26 [the Florida Wrongful Death Act] are remedial and shall be liberally construed . . .
. . . . §§ 768.16-768.26, Fla. Stat. (2007). . . . .
. . . liability to a prevailing defendant in a wrongful death action is contrary to the language of section 768.26 . . . Cases construing section 768.26, Florida Statutes generally address the question of fees due to the personal . . . As the Catapane court noted, “Section 768.26 provides for payment of counsel selected by the personal . . .
. . . . §§ 768.16-768.26. . . . Stat. §§ 768.16-768.26. . . . Stat. §§ 768.16-768.26. . . . Stat. §§ 768.16-768.26 (2011) ("Florida's Wrongful Death Act” or "Wrongful Death Act” or "the Act”). . . .
. . . FACTUAL AND PROCEDURAL HISTORY The underlying case involves the application of section 768.26, Florida . . . In a footnote in Perez, the Third District concluded that section 768.26 was not applicable because “ . . . We granted review on the basis of this conflict as to the applicability of section 768.26. . . . ANALYSIS The Florida Wrongful Death Act (the Act), which encompasses sections 768.16 to 768.26 of the . . . Stat. (2005) (“Sections 768.16-768.26 are remedial and shall be liberally construed.”). . . .
. . . against Defendants, PFSF and CPCI, pursuant to the Florida Wrongful Death Act (“FWDA”), Sections 768.16-768.26 . . .
. . . statutes at issue are found in the “Florida Wrongful Death Act,” which is codified in sections 768.16-768.26 . . . Sections 768.16-768.26 are remedial and shall be liberally construed. § 768.17, Fla. Stat. (2005). . . .
. . . because it is an independent cause of action based on the Florida Wrongful Death Act, sections 768.16-768.26 . . .
. . . . § 768.26 is likewise rejected. See Amended Complaint, ¶ 12. . . . Stat. § 768.26, and not in their individual capacity. (Dkt. 53, p. 20). . . .
. . . . §§ 768.16 to 768.26 (2003). . . .
. . . of this form depends upon determination of the survivors under the Wrongful Death Act, F.S. 768.16-768.26 . . .
. . . . §§ 768.10-768.26, permits survivors to recover the value of lost support and services from the date . . .
. . . Florida’s Wrongful Death Act is codified in sections 768.16-768.26, Florida Statutes. . . .
. . . The fee provision at issue is set forth in section 768.26, Florida Statutes (2005). . . . The Wagner firm argues that the “Litigation expenses” heading of section 768.26 limits its application . . . Pre-suit settlement negotiations are an important part of wrongful death litigation, and section 768.26 . . . As the Fourth District explained, section 768.26 did not apply in Perez because the parents negotiated . . . Thus, there is no question that section 768.26 applies to provide for fees incurred even in cases that . . .
. . . . §§ 768.16 — 768.26), a personal representative is the successor in interest to the decedent and has . . .
. . . apportion the costs among all the plaintiffs in proportion to the amounts awarded to them, under section 768.26 . . . Section 768.26 unequivocally states that litigation expenses shall be “deducted from the awards to the . . . In this case, there were no “expenses incurred for the benefit of a particular survivor,” § 768.26, Fla . . .
. . . The Wrongful Death Act, Sections 768.16-768.26, Florida Statutes (2000), contains detailed provisions . . .
. . . . § 768.26, Fla. Stat. (2001); Wiggins v. Estate of Wright, 850 So.2d 444 (Fla.2003); Catapane v. . . .
. . . . § 768.26, which permits the prosecution to use a prior witness’ testimony from a preliminary examination . . .
. . . Sections 768.16-768.26 are remedial and shall be liberally construed. § 768.17, Fla. . . .
. . . We believe that is the intent of section 768.26, Florida Statutes: Attorneys’ fees and other expenses . . .
. . . See § 768.26, Fla. . . .
. . . that Plaintiffs’ claims are controlled by Florida’s Wrongful Death Act, Florida Statutes, §§ 768.16-768.26 . . .
. . . Hodson asserts that section 768.26, Florida Statutes, mandates payment of his judgment for fees and costs . . . Section 768.26 states: § 768.26, Fla. Stat. (1993). . . . Cases construing section 768.26, Florida Statutes generally address the question of fees due to the personal . . . As the Catapane court noted, “Section 768.26 provides for payment of counsel selected by the personal . . . Section 768.26 does not provide that authority. . . . .” § 768.26, Fla. Stat. (1993). See Wiggins v. . . . constitute claims for “[a]ttorneys’ fees and other expenses of litigation,” within the meaning of section 768.26 . . .
. . . We believe that is the intent of section 768.26, Florida Statutes: Attorneys’ fees and other expenses . . .
. . . Any different result would render the language of section 768.26 meaningless. . . . Section 768.26 provides for payment of counsel selected by the personal representative: Attorney’s fees . . .
. . . controlling rule of the Florida Bar, or caselaw, the court awarded the fees on the basis of section 768.26 . . . Section 768.26, proves that: ... attorneys’ fees and other expenses of litigation shall be paid by the . . . For the same reason we find that section 768.26, Florida Statutes does not apply. . . .
. . . . § 768.26. Attorneys’ fees and costs are deducted from the awards to the survivors and the estate. . . .
. . . Ap-pellees argued for fees and costs under Section 768.26, Florida Statutes (1987) and the “common fund . . .
. . . Poole filed a complaint on January 20, 1984, under the wrongful death (Sections 768.16-768.26, Florida . . .
. . . arises from a civil rights action under 42 U.S.C., s. 1983, or similar federal statute, the limits in s. 768.26 . . . If the civil action arises under s. 768.26 [768.28] the monetary limitation of that section apply [sic . . .
. . . arises from a civil rights action under 42 U.S.C., s. 1983, or similar federal statute, the limits in s. 768.26 . . . If the civil action arises under s. 768.26 [768.28], the monetary limitation of that section apply [sic . . .
. . . . §§ 768.16-768.26 (1973) being inapplicable. See, McKibben v. Mallory, 293 So.2d 48 (Fla.1974). . . . .
. . . . § 768.26 (1968), Mich.Stat.Ann. § 28.1049 (1954), provides: “Testimony taken at an examination, preliminary . . .
. . . Testjens, Judge: The Commissioner determined deficiencies in income tax in the amounts of $768.26, $583.24 . . .