Opinion
No. 76-248.
February 1, 1977. Rehearing Denied February 25, 1977.
Appeal from Circuit Court, Dade County; Jack M. Turner, Judge.
Dan G. Wheeler, Jr., Miami, for appellant.
Dixon, Dixon, Lane Mitchell and David Canning, Miami, for appellee.
Before HENDRY, C.J., and NATHAN, J., and DREW, E. HARRIS (Ret.), Associate Judge.
This is an appeal by the plaintiff, Rose Ann Schmidt, as personal representative of the estate of Donald E. Schmidt, deceased, from a final order of dismissal in a wrongful death action wherein the appellees, Howard Johnson Company and Insurance Company of North America, were the defendants.
We affirm on the authority of Section 440.11, Florida Statutes. Also see Murray v. Osenton, 126 So.2d 603 (Fla.2d DCA 1961).
Affirmed.