Covey v. Shaffer, 277 So.3d 694 (Fla. 2nd DCA 2019
Jul 03, 2019OUTCOME: The appeal was successful and the matter was remanded.
Naples, FL
Litigation Lawyer at Naples, FL
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OUTCOME: The appeal was successful and the matter was remanded.
OUTCOME: The District reversed the trial court and remanded for a new trial.
"HOLDINGS: [1]-When the Wrongful Death Act, §§ 768.16-.26, Fla. Stat. (2009) and the "slayer statute," § 732.802, Fla. Stat. (2006) were read together, a husband who had been convicted of murdering his ... wife had to be treated as if he predeceased his wife, thereby permitting the wife's adult daughter's damages claim as a survivor under § 768.21(3), Fla. Stat. ; [2]-The trial court abused its discretion by refusing to allow the daughter to voir dire the husband's son to ascertain whether he was competent to testify."
OUTCOME: The appeal was successful and the lower court order quashed.
The trial court order requiring disclosure of decedent's estate planning documents was quashed.