Greenfield v. Daniels
51 So. 3d 421
Fla.2010Background
- Estate sues for wrongful death and seeks survivor status for J.D., alleged biological son of decedent Shea Daniels, whose mother Rozine was married to Willie Washington at J.D.'s birth.
- Paternity proceedings were initiated but never finalized; a court later allowed DNA testing confirming biological paternity, while recognizing a presumption of legitimacy from marriage.
- Trial court granted partial summary judgment excluding J.D. as a survivor based on the marriage-based presumption and lack of a formal paternity adjudication.
- Fourth District held that a child born out of wedlock of a father not married to the mother may be a survivor if the decedent acknowledged child support, without a formal paternity declaration.
- Court held paternity determination may occur within a wrongful death action and need not be pursued in a separate chapter 742 proceeding.
- This Court approved Daniels, disapproved Achumba to the extent inconsistent, and remanded for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a biological child born to a mother married to another man can be a survivor | Daniels: child qualifies if decedent biological father acknowledged support | Greenfield/St. Mary's: survivor requires legal father, i.e., a paternity finding | Yes; a biological child may be a survivor if the decedent acknowledged support |
| Whether paternity need be established in a separate action to permit survivor status | Paternity can be determined within the wrongful death action | Paternity must be resolved through a separate chapter 742 proceeding | Paternity can be determined in the wrongful death action; no separate adjudication required |
| Whether the survivor determination is a factual issue to be resolved in the wrongful death action | Survivor status should be determined in the wrongful death action based on evidence | Survivor status requires formal paternity adjudication outside the wrongful death action | Survivor determination is a factual issue appropriate for resolution in the wrongful death action |
| Whether the statute requires a formal declaration of paternity for survivor status | No; statute requires biological father acknowledged support, not formal paternity adjudication | Yes; requires a formal declaration of paternity | No formal paternity declaration is required for survivor status |
Key Cases Cited
- Daniels v. Greenfield, 51 So.3d 421 (Fla. 2010) (Florida Supreme Court upholds survivor status for biological child with support acknowledgment; disapproves Achumba merger)
- Achumba v. Neustein, 793 So.2d 1015 (Fla. 5th DCA 2001) (limits survivor status for child born during marriage without paternity resolution)
- Veliz v. Coral Gables Hosp., Inc., 847 So.2d 1027 (Fla. 3d DCA 2003) (rejects Achumba approach; supports non-paternity-based survivor theory)
- Coral Gables Hosp., Inc. v. Veliz, 847 So.2d 1027 (Fla. 3d DCA 2003) (recognizes alternative path to survivor status outside formal paternity action)
- Kendrick v. Everheart, 390 So.2d 53 (Fla. 1980) (paternity determinations may occur in contexts other than Chapter 742 proceedings)
- Gammon v. Cobb, 335 So.2d 261 (Fla. 1976) (upholds broader reach of paternity-related responsibilities beyond Chapter 742)