PERSONAL INJURY | WRONGFUL DEATH | FUNERAL HOME LIABILITY | FLORIDA LAW UPDATE | JANUARY 2026
A new Third District Court of Appeal ruling shows that families may recover economic damages from funeral homes without proving malicious conduct, but emotional distress claims still require higher proof standards.
Published: September 10, 2026
Case: Molinet, et al. v. Van Orsdel Family Funeral Chapels, Inc., et al.
Court: Florida Third District Court of Appeal
Decision Date: January 7, 2026
The Applicable Law
When a funeral home mishandles a deceased person’s body, Florida law provides two potential paths for recovery. Under Florida’s Funeral, Cemetery, and Consumer Services Act (Chapter 497, Florida Statutes), families can seek economic damages for violations of funeral home regulations without proving the funeral home acted maliciously.
Section 497.169(1) of Florida Statutes states: “Any person may bring a civil action against a person or company violating the provisions of this chapter… Upon adverse adjudication, the defendant shall be liable for actual damages caused by such violation.”
However, claims for emotional distress damages follow different rules. As the Florida Supreme Court established in Gonzalez v. Metropolitan Dade County Public Health Trust, “An action for mental anguish based on negligent handling of a dead body requires proof of either physical injury or willful or wanton misconduct.”
Key Legal Rule: Economic damages for funeral home violations don’t require proof of malicious conduct, but emotional distress claims do require showing the funeral home’s conduct was “outrageous” and went “beyond all possible bounds of decency.”
What Happened in This Case
According to the facts described in the court’s opinion, this case began when William G. Molinet was admitted to Jackson Memorial Hospital on September 27, 2022, and died three days later. The record reflected that William had provided his ex-wife’s contact information as his next of kin, but the hospital was unable to reach her after his death.
The evidence described in the court’s opinion showed that William had been living at a rehabilitation facility for substance abuse and had led a transient lifestyle. As a result, his family members – his two adult children and his sister – did not immediately realize he was missing. The allegations in the case indicated that after several weeks of concern, the family hired a private investigator who discovered William had died at the hospital.
During this time, according to the court’s findings, the hospital had been storing William’s remains in its morgue. On October 28, 2022, the hospital ran out of space and transferred William’s body to a funeral home for overflow storage pursuant to an agreement between the hospital and the funeral home.
The court’s opinion described that the funeral home’s corporate representative testified the hospital had verbally instructed them not to contact any decedent’s family as part of this storage agreement. The representative also testified that “because the bodies were only being stored as overflow for the hospital, [the funeral home] believed the bodies were still the hospital’s responsibility and, therefore, any contact from the funeral home could be construed as solicitation for funeral services, which was statutorily prohibited.”
According to the evidence presented, William’s body was transported in an unrefrigerated truck and stored at the funeral home for almost two months. When the family finally located William and arranged for his body to be transferred to their chosen funeral home, the record reflected that the embalming team recommended cremation because “the body was not presentable enough for an open casket funeral after two months of storage.”
The Court’s Analysis
Economic Damages Don’t Require Proof of Malicious Conduct
The court addressed a critical distinction that many families don’t understand. The trial court had initially ruled that the family needed to prove the funeral home acted maliciously to recover any damages for tortious interference with a dead body. However, the appellate court clarified this was only true for emotional distress claims.
As the court explained: “The Molinets argue this was error because their claim for economic damages resulting from the negligent mishandling of William’s body alleged violations of the Funeral Act, Ch. 497, Florida Statutes, which did not require evidence of ‘malicious conduct.'”
The funeral home essentially conceded this point on appeal, acknowledging that “Florida’s impact rule does not bar claims for economic damages resulting from tortious interference with a dead body.”
Key Distinction: Families can pursue economic damages (like additional funeral costs, investigation expenses, or the difference between burial and cremation costs) under the Funeral Act without proving the funeral home acted with malice. This is a significant advantage for grieving families.
Emotional Distress Claims Require “Outrageous” Conduct
For non-economic damages related to emotional distress, Florida courts apply a much higher standard. The court cited the Florida Supreme Court’s ruling in Metro Life Insurance Co. v. McCarson, which requires conduct that is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”
The court noted that this standard requires conduct that would make “an average member of the community… exclaim, ‘Outrageous!'”
In this case, the court found the family failed to meet this high standard.
What Evidence Wasn’t Enough
The court detailed why the family’s evidence fell short of proving outrageous conduct:
1. No specific evidence of decomposition: The court noted there were “no photographs or documentation of the condition by the [family’s] chosen funeral home after receiving William’s body.”
2. Proper intake procedures: The funeral home had testified to following proper procedures, including checking for signs of decomposition at intake and contacting management if any were detected.
3. Temperature monitoring: Despite the family’s claims, the court found the funeral home’s representative had testified that “the temperature of its refrigerators was shown on a thermometer at the front and that these temperatures were checked at least once a day.”
Frequently Asked Questions
Can I sue a funeral home if they mishandle my loved one’s body?
Yes, but the type of damages you can recover depends on what you can prove. Under Florida’s Funeral Act, you can seek economic damages (like additional costs you incurred) if the funeral home violated state regulations, even without proving they acted maliciously. However, for emotional distress damages, you must prove the funeral home’s conduct was “outrageous” and went far beyond normal negligence.
What counts as “outrageous” conduct by a funeral home?
Florida courts set a very high bar for outrageous conduct. The court cited examples like placing the wrong body in a casket and trying to convince the family it was correct or showing an autopsy video at a party. Simple negligence or even violations of regulations typically won’t meet this standard unless the conduct would make an average person exclaim “outrageous!”
Do I need to prove the funeral home acted intentionally to recover damages?
Not for economic damages under the Funeral Act. The statute allows recovery for “actual damages caused by such violation” without requiring proof of intent or malice. This makes it easier for families to recover costs like additional funeral expenses, investigation fees, or the difference between their planned funeral and what they had to do instead.
Losing a loved one is devastating enough without having to worry about whether a funeral home properly handled their remains. These cases are emotionally challenging and legally complex, requiring careful analysis of both the Funeral Act’s regulatory requirements and the high standards for emotional distress claims.
The experienced attorneys at Maderal Byrne & Furst PLLC understand the unique challenges families face when funeral homes fail in their duties. We can help you understand your rights, investigate potential violations, and pursue the compensation you may be entitled to during this difficult time.
Contact Maderal Byrne & Furst PLLC today for a free consultation.
Case Reference
Molinet, et al. v. Van Orsdel Family Funeral Chapels, Inc., et al., No. 3D24-1701, 2026 WL (Fla. 3d DCA Jan. 7, 2026).
Applicable Statutes:
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- Section 497.169(1), Florida Statutes (civil actions under Funeral Act)
- Section 497.152(8)(c), Florida Statutes (consent requirements)
- Section 497.386(2), Florida Statutes (body storage conditions)
LEGAL DISCLAIMER: This blog post is provided for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. The law is subject to change, and the application of legal principles varies depending on the specific facts of each case. If you have questions about your specific situation, you should consult a licensed Florida attorney. This post discusses legal concepts and principles addressed in the cited court opinion and context of that opinion. It is not intended to make any assertions about the truth of any allegations or evidence relating to any party to that case.
Citations & Sources
- Molinet, et al. v. Van Orsdel Family Funeral Chapels, Inc., et al., No. 3D24-1701 (Fla. 3d DCA Jan. 7, 2026)
- Gonzalez v. Metro. Dade Cnty. Pub. Health Tr., 651 So. 2d 673 (Fla. 1995)
- Metro. Life Ins. Co. v. McCarson, 467 So. 2d 277 (Fla. 1985)
- Williams v. Boyd-Panciera Fam. Funeral Care, Inc., 293 So. 3d 499 (Fla. 4th DCA 2020)
- Halpin v. Kraeer Funeral Homes, Inc., 547 So. 2d 973 (Fla. 4th DCA 1989)
Source URL: https://flcourts-media.flcourts.gov/content/download/2483375/opinion/Opinion_2024-1701.pdf
