BASHAWAY V. CHENEY BROS., INC.
987 So.2d 93 (2008)
NATURE OF THE CASE: Bashaway (P) appealed the dismissal of her claim for loss of
consortium.
FACTS: Bashaway (P) is in a committed relationship with her partner, Melinda. Melinda
suffered injuries in an automobile accident and brought a civil action against Cheney
Brothers, Inc., and Alex Roberts (Ds). P joined Melinda as a plaintiff in that suit. P
claimed loss of consortium. Ds moved for dismissal of P's claim as Judith and Melinda were
not legally married at the time of the injury and 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. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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