Getz v. Getz

District Court of Appeal of Florida

Getz v. Getz

475 So. 2d 742, 10 Fla. L. Weekly 2196, 1985 Fla. App. LEXIS 15924

CourtDistrict Court of Appeal of Florida

DecidedSeptember 20, 1985

DocketNo. 83-2190

StatusPublished

This text of 475 So. 2d 742 (Getz v. Getz) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Getz v. Getz, 475 So. 2d 742, 10 Fla. L. Weekly 2196, 1985 Fla. App. LEXIS 15924 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

Appellant was injured in an accident while riding as a passenger in an automobile driven by her husband, the appellee. After the parties were divorced, appellant brought a negligence action against appel-lee and his liability insurer for injuries suffered in the accident. The court entered summary judgment against the appellant on the ground of interspousal tort immunity-

On appeal we stayed the disposition of this case pending the outcome of Snowten v. United States Fidelity & Guaranty Co., 475 So.2d 1211 (Fla.1985). In Snowten the supreme court has now reaffirmed the principle that one spouse cannot sue another for a negligent tort even though the accident may be covered by liability insurance. The instant case differs from Snowten only to the extent the suit was filed after the parties were divorced. However, in a case involving an intentional tort, the supreme court has held that the doctrine of inter-spousal immunity survives the dissolution of the parties’ marriage. West v. West, 414 So.2d 189 (Fla.1982); see also Heaton v. Heaton, 304 So.2d 516 (Fla. 4th DCA 1974).

AFFIRMED.

GRIMES, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.

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PER CURIAM.

Appellant was injured in an accident while riding as a passenger in an automobile driven by her husband, the appellee. After the parties were divorced, appellant brought a negligence action against appel-lee and his liability insurer for injuries suffered in the accident. The court entered summary judgment against the appellant on the ground of interspousal tort immunity-

On appeal we stayed the disposition of this case pending the outcome of Snowten v. United States Fidelity & Guaranty Co., 475 So.2d 1211 (Fla.1985). In Snowten the supreme court has now reaffirmed the principle that one spouse cannot sue another for a negligent tort even though the accident may be covered by liability insurance. The instant case differs from Snowten only to the extent the suit was filed after the parties were divorced. However, in a case involving an intentional tort, the supreme court has held that the doctrine of inter-spousal immunity survives the dissolution of the parties’ marriage. West v. West, 414 So.2d 189 (Fla.1982); see also Heaton v. Heaton, 304 So.2d 516 (Fla. 4th DCA 1974).

AFFIRMED.

GRIMES, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.

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Bluebook (online)

475 So. 2d 742, 10 Fla. L. Weekly 2196, 1985 Fla. App. LEXIS 15924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/getz-v-getz-fladistctapp-1985.

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