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Posted on 11.04.08 11:06AM under June, 2008, Legal Precedent
JUDITH S. BASHAWAY, Appellant,v.CHENEY BROS., INC., a Florida corporation and ALEX E. ROBERTS, Appellees.
Case No. 1D07-1615.
District Court of Appeal of Florida, First District.Opinion filed May 15, 2008
Appellant, Judith Bashaway, maintains a long-term committed relationship with her partner, Melinda Garrison. Melinda suffered injuries in an automobile accident and brought a civil action against appellees, Cheney Brothers, Inc., and Alex Roberts (collectively "Cheney"). Judith joined Melinda as a plaintiff in that suit. Count III of the suit concerned a claim made by Judith for loss of consortium. Cheney moved for dismissal of Judith’s claim, setting out that Judith and Melinda were not legally married at the time of the injury and further that section 741.212, Florida Statutes (2006), prohibits recognition of marriage between persons of the same sex in any event. The circuit court granted the motion and entered final judgment against Judith as to Count III. We affirm because a consortium claim under Florida law is a derivative claim dependent upon legal status that does not exist in the present case.
* The present case, of course, has to do with the rights and liabilities of third persons. Florida law has long recognized that an agreement between unmarried, cohabitating parties, once proven, will be enforced by the courts. See, e.g. Posik v. Layton, 695 So. 2d 759 (Fla. 5th DCA 1997); Crossen v. Feldman, 673 So. 2d 903 (Fla. 2d DCA 1996); Stevens v. Muse, 562 So. 2d 852 (Fla. 4th DCA 1990).
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