District Court of Appeal of Florida December 15, 1964, No. 64-301 (Smart v. Foosaner)

lead-opinion

PER CURIAM.

The appellant, claiming to be the common law wife of the decedent, sought damages for his wrongful death. Upon a trial of the cause, certain testimony was sought to be introduced by the appellant, seeking to establish a common law marriage. The trial: judge ruled the testimony inadmissible under the “dead man statute” § 90.05, Fla.Stat., F.S.A.