Supreme Court of Florida

Jennifer Ripple v. CBS Corporation

May 9, 2024

Summary

The court held that a spouse who marries the decedent after the injury causing death may recover as a surviving spouse under section 768.21(2) of the Florida Wrongful Death Act. It concluded that survivorship is determined at death and that the common-law marriage-before-injury rule does not bar the statutory recovery. The court quashed the contrary portion of the district court’s decision and remanded.