American Airlines, Inc. v. Mejia
2000 WL 232758, 2000 Fla. App. LEXIS 1991, 766 So. 2d 305 (2000)
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Rule of Law:
A foreign relationship will not be recognized as a marriage in Florida if the law of the foreign country itself treats the relationship as a distinct, less formal union with fewer rights and easier methods of dissolution than a formal marriage.
Facts:
- Carmen Cabrejo, a native of Colombia, was a flight attendant for American Airlines.
- Cabrejo had a long-term, committed relationship with Libardo Mejia in Colombia, which they considered a 'Unión Marital de Hecho' under Colombian law.
- Cabrejo and Mejia lived together, jointly owned seven properties, and had reciprocal wills, but they never participated in a formal civil or religious marriage ceremony.
- Under Colombian law, a 'Unión Marital de Hecho' is an informal union for unmarried persons, while a formal marriage is a solemn contract with specific legal requirements.
- In December 1995, American Airlines Flight 965 crashed, and Carmen Cabrejo died in the incident.
Procedural Posture:
- Libardo Mejia filed a wrongful death action against American Airlines in the United States District Court for the Southern District of Florida, claiming to be the surviving spouse of the decedent, Carmen Cabrejo.
- American Airlines filed a motion for partial summary judgment in the federal action, arguing Mejia was not a spouse under Colombian and Florida law.
- The federal court stayed its proceedings.
- Mejia then initiated a probate proceeding in a Florida state trial court, seeking a judicial determination of his status as Cabrejo's surviving spouse.
- The Florida trial court found that a Colombian 'Unión Marital de Hecho' is a valid marriage that must be recognized in Florida.
- American Airlines, the appellant, appealed the trial court's order to the District Court of Appeal of Florida, Fourth District.
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Issue:
Does a Colombian 'Unión Marital de Hecho' constitute a 'marriage' under Florida law, thereby making a surviving partner a 'spouse' for the purposes of the Florida Wrongful Death Act?
Opinions:
Majority - Farmer, Judge
No, a Colombian 'Unión Marital de Hecho' does not constitute a marriage under Florida law. Florida statute § 741.212 defines 'marriage' as 'a legal union between one man and one woman as husband and wife.' The court conducted a de novo review of Colombian law and found significant distinctions between a formal marriage and a 'unión.' A Colombian marriage is a solemn contract dissoluble only by death or divorce, creates the legal status of 'spouse,' and grants automatic inheritance rights. In contrast, a 'unión' is an informal arrangement between 'permanent companions' that can be dissolved simply by one partner marrying someone else, does not confer spousal status, and does not provide for automatic inheritance rights. Citing the Colombian Constitutional Court, which itself highlighted the 'immense gap' between the two statuses, the court concluded that the 'unión' does not meet the definition of marriage under Florida law, and therefore Mejia is not Cabrejo's surviving spouse.
Analysis:
This decision clarifies the standard for recognizing foreign relationships under Florida's statutory definition of marriage. It establishes that Florida courts will look to the substantive legal characteristics of the foreign relationship—such as its creation, dissolution, and the rights it confers—as defined by the foreign jurisdiction itself. The ruling prioritizes the de jure status of a relationship in its home country over its de facto, marriage-like qualities. This precedent significantly impacts cases involving international couples, requiring a formal, legally recognized marriage in the foreign jurisdiction to secure spousal rights, such as wrongful death claims, in Florida.
