On February 26, 2021, in Hamblen v. Pilot Travel Centers, LLC, No. 1D19-1613, the Florida First DCA ruled as a matter of first impression that a “final judgment” under Fla. Stat. § 768.24 of Florida’s Wrongful Death Act occurred at the termination of judicial labor at the trial level. The issue arose because the sole statutory beneficiary of a wrongful death lawsuit had died after obtaining a $5 million verdict but before a motion for new trial by the defendant had been ruled upon. Under § 768.24, to recover on a claim for mental pain and suffering, a survivor must be alive at the time of final judgment. The First DCA affirmed the trial court reduction of the $5 million award to zero.
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