Sleeter v. Collins

District Court of Appeal of Florida

Sleeter v. Collins

621 So. 2d 1096, 1993 Fla. App. LEXIS 8347, 1993 WL 302672

CourtDistrict Court of Appeal of Florida

DecidedAugust 11, 1993

DocketNo. 93-1282

StatusPublished

Cited by1 cases

This text of 621 So. 2d 1096 (Sleeter v. Collins) 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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Sleeter v. Collins, 621 So. 2d 1096, 1993 Fla. App. LEXIS 8347, 1993 WL 302672 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The trial court granted summary judgment against the estate of a deceased wife on its claim against her surviving husband for negligence in the operation of an automobile causing her death. The court decided that interspousal immunity bars the claim. In its initial brief, the estate cites the recent supreme court decision in Waite v. Waite, 618 So.2d 1360 (Fla.1993), in which the court decided that this form of immunity from civil liability is no longer part of Florida’s common law. In response to this brief, the surviving husband has filed a concession of error.

[1097]*1097After reviewing the record and the Waite decision, we accept the concession. The summary judgment barring the claim on interspousal immunity grounds is reversed and the case remanded to the trial court for further proceedings.

REVERSED.

DELL, C.J., FARMER, J., and DOWNEY, JAMES C., Senior Judge, concur.

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PER CURIAM.

The trial court granted summary judgment against the estate of a deceased wife on its claim against her surviving husband for negligence in the operation of an automobile causing her death. The court decided that interspousal immunity bars the claim. In its initial brief, the estate cites the recent supreme court decision in Waite v. Waite, 618 So.2d 1360 (Fla.1993), in which the court decided that this form of immunity from civil liability is no longer part of Florida’s common law. In response to this brief, the surviving husband has filed a concession of error.

[1097]*1097After reviewing the record and the Waite decision, we accept the concession. The summary judgment barring the claim on interspousal immunity grounds is reversed and the case remanded to the trial court for further proceedings.

REVERSED.

DELL, C.J., FARMER, J., and DOWNEY, JAMES C., Senior Judge, concur.

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621 So. 2d 1096, 1993 Fla. App. LEXIS 8347, 1993 WL 302672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sleeter-v-collins-fladistctapp-1993.

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