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533 So. 2d 889

Docket No. 87-2964.

Benson v. Benson

John BENSON, Individually, and As Personal Representative of the Estate of David Wyatt Benson, and Tommye Benson, Appellants, v. Cindy House BENSON and Arrow Air, Inc., Appellees.

District Court of Appeal of Florida

Decided November 8, 1988.

District Court of Appeal of Florida · decided 1988-11-08

Relies on 533 So. 2d 888 - Jackson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-08

How this case has been cited

Cited by 5 later decisions — most recently November 2017

3 state decisions

301988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Charles R. Lipcon and Brett Rivkind, Miami, for appellants.

¶2Speiser, Krause and Madole, Washington, D.C., Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel Eaton, Thornton, David & Murray and Terry L. Redford, Miami, for appellees.

¶3Before HUBBART, BASKIN and JORGENSON, JJ.

¶4PER CURIAM.

¶5We hold that the trial court correctly ruled that appellants, decedent's parents, were without standing to bring a wrongful death action in Florida. Section 768.20, Florida Statutes (1985), directs that a wrongful death action must be brought by the personal representative. In this case, decedent's wife, not his parents, serves as "administratrix" of the estate. As a result, the parents lack standing to sue, and the trial court lacked subject matter jurisdiction over the parents' claim. Furthermore, appellants, who are merely potential beneficiaries in the wrongful death action instituted by decedent's administratrix, lacked standing in the trial court to contest the court's determination of applicable law. Poyer v. Burris, 533 So.2d 888 *890 (Fla. 3d DCA 1988). We affirm the dismissal of appellants' claims.

¶6AFFIRMED.

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