White v. Clayton

Summary

The Florida Supreme Court reviewed an interlocutory order concerning whether Florida's Wrongful Death Act unconstitutionally limited recovery for loss of net accumulations to surviving spouses and lineal descendants. The court held that the classification was constitutional and that the Legislature could modify the recoverable elements of damages without violating equal protection, due process, or Kluger v. White. The court quashed the circuit court's order and remanded the case.

Holdings

1. The Wrongful Death Act's limitation of recovery for loss of net accumulations beyond death to a surviving spouse or lineal descendants is not an unreasonable or arbitrary classification and does not violate the equal protection clause.
2. The new Wrongful Death Act does not violate Kluger v. White because it did not abolish the wrongful-death cause of action; it changed the elements of recoverable damages, including eliminating loss of net accumulations for beneficiaries other than a surviving spouse or lineal descendants.

Questions Presented

1. Whether limiting recovery for loss of net accumulations beyond death under section 768.21(6)(a), Florida Statutes (1973), to a surviving spouse or lineal descendants violated equal protection or due process.
2. Whether the new Florida Wrongful Death Act unconstitutionally abolished the sisters' previously available right to recover loss of prospective estate without providing a reasonable alternative, contrary to Kluger v. White.

Disposition

quashed