Tortious Interference: 3. With a Dead Body
1Elements and Case Citations
[MM_Access_Decision access='false']
- Defendant unlawfully interfered with a dead body, including;
- Interference with the burial, sepulcher, or other lawful disposition of the dead body;
- Defendant’s conduct was extreme and outrageous so as to imply malice;
- A surviving relative suffered emotional distress as a result.
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[/MM_Access_Decision] [MM_Access_Decision access='true']- Defendant unlawfully interfered with a dead body, including;
- Interference with the burial, sepulcher, or other lawful disposition of the dead body;
- Defendant’s conduct was extreme and outrageous so as to imply malice;
- A surviving relative suffered emotional distress as a result.
FLORIDA STATE COURTS
Supreme Court: Gonzalez v. Metro. Dade Cty. Pub. Heath Tr., 651 So.2d 673, 674 (Fla. 1995); Kirksey v. Jernigan, 45 So.2d 188, 189-90 (Fla. 1950).
Second DCA: Mellette v. Trinity Mem’l Cemetery, Inc., 95 So.3d 1043, 1047 (Fla. 2d DCA 2012).
Third DCA: Alderwoods Group, Inc. v. Garcia, 119 So.3d 497, 506 (Fla. 3d DCA 2013).
Fourth DCA: Donigan v. Nevins, 785 So.2d 573, 575-76 (Fla. 4th DCA 2001).
Fifth DCA: Williams v. Minneola, 575 So.2d 683, 689 (Fla. 5th DCA 1991).
FLORIDA FEDERAL COURTS
Southern District: Jones v. Celebrity Cruises, Inc., No. 23-21481-CV, 2024 WL 3326891, at *3-4 (S.D. Fla. July 8, 2024); Sexton v. Carnival Corp., No. 20-20990-CIV, 2021 WL 2400274, at *5 (S.D. Fla. June 11, 2021); Rivera v. Am. Mem’l Ctrs., Inc., NO. 05-CV-21514-HOEVELER, 2006 WL 8432009, at *8-9 (S.D. Fla. Oct. 27, 2006).
2 Defenses to Claim for Tortious Interference: 3. With a Dead Body
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.
(2) Statute of Limitations: Fla. Stat. § 95.11(3) (four years)
(3) Interference: Unlawful interference can be: removing, withholding, mishandling, mutilating, or preventing proper burial of a dead body. See Williams v. Minneola, 575 So.2d 683, 689 (Fla. 5th DCA 1991).
(4) Photograph: Publication of a photograph of a dead body alone is not unlawful interference. See Williams v. Minneola, 575 So.2d 683, 689 (Fla. 5th DCA 1991).