This section contains the nature of the case and procedural background.

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.

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