Roberts v. Roberts
382 So. 2d 376, 1980 Fla. App. LEXIS 16404
Procedural entryThis page is a short order in Roberts v. Roberts. Read the opinion of the Court — 385 So. 2d 1032 →
Opinion
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?
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Roberts v. Roberts, 382 So. 2d 376, 1980 Fla. App. LEXIS 16404 (Fla. Ct. App. 1980).
382 So. 2d 376 (Roberts v. Roberts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Bencomo v. Bencomo
200 So. 2d 171 (Supreme Court of Florida, 1967)
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872 So. 2d 167 (Court of Civil Appeals of Alabama, 2003)