Molinet v. Van Orsdel Family Funeral Chapels, Inc.
Family members sued a funeral home that stored their deceased relative's remains as hospital overflow without next-of-kin consent; the body was rendered non-viewable after nearly two months of storage. The Third DCA affirmed summary judgment on emotional distress claims (no willful/wanton conduct shown) but reversed on economic damages under the Florida Funeral, Cemetery, and Consumer Services Act (Chapter 497), which does not require proof of malicious conduct and which the trial court never analyzed.
Key facts
- William G. Molinet died at Jackson Memorial Hospital and, because his ex-wife was listed as next of kin and could not be reached, his adult children and sister were not notified of his death for nearly two months.
- When the hospital's morgue ran out of space, it transferred William's body to Van Orsdel Family Funeral Chapels pursuant to an overflow-storage agreement; Van Orsdel received a decedent information form stating 'No NOK' and, on the hospital's verbal instruction, did not contact any family members.
- +2 more key facts with a free trial
Holdings
- 'An action for mental anguish based on negligent handling of a dead body requires proof of either physical injury or willful or wanton misconduct.' Gonzalez v. Metro. Dade Cnty. Pub. Health…
- +4 more holdings with a free trial
Why it matters
Carves out an important distinction for funeral home liability: emotional distress claims require willful/wanton misconduct, but economic damages under Chapter 497 need only establish an actual statutory violation and… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.