Roberts v. Roberts

District Court of Appeal of Florida

Roberts v. Roberts

382 So. 2d 376, 1980 Fla. App. LEXIS 16404

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1980

DocketNo. PP-181

StatusPublished

This text of 382 So. 2d 376 (Roberts v. Roberts) 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.

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Roberts v. Roberts, 382 So. 2d 376, 1980 Fla. App. LEXIS 16404 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

We feel constrained to affirm, on the authority of Bencomo v. Bencomo, 200 [377]*377So.2d 171 (Fla. 1967), the summary judgment granted in favor of the deceased husband’s estate. An issue almost identical to that involved in this suit is, however, currently before the Florida Supreme Court on a certified question. West v. West, 872 So.2d 170 (Fla. 2d DCA 1979). Pursuant to article V, section 3(b)(3), Florida Constitution, we certify the following question to the Supreme Court as one of great public interest:

Does the doctrine of interspousal immunity bar suit by one former spouse against a deceased spouse’s estate when an intentional tort allegedly was committed during the marriage which has now been terminated by the alleged tort-feasor/spouse’s death?

ROBERT P. SMITH, Jr., BOOTH and SHAW, JJ., concur.

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PER CURIAM.

We feel constrained to affirm, on the authority of Bencomo v. Bencomo, 200 [377]*377So.2d 171 (Fla. 1967), the summary judgment granted in favor of the deceased husband’s estate. An issue almost identical to that involved in this suit is, however, currently before the Florida Supreme Court on a certified question. West v. West, 872 So.2d 170 (Fla. 2d DCA 1979). Pursuant to article V, section 3(b)(3), Florida Constitution, we certify the following question to the Supreme Court as one of great public interest:

Does the doctrine of interspousal immunity bar suit by one former spouse against a deceased spouse’s estate when an intentional tort allegedly was committed during the marriage which has now been terminated by the alleged tort-feasor/spouse’s death?

ROBERT P. SMITH, Jr., BOOTH and SHAW, JJ., concur.

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382 So. 2d 376, 1980 Fla. App. LEXIS 16404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-roberts-fladistctapp-1980.

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