Stafford v. Stafford, 726 S.W.2d 14 (Tex. 1987). · Go Syfert
Stafford v. Stafford, 726 S.W.2d 14 (Tex. 1987). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 1995 · …possession of the well, discontinue the drilling thereof, or abandon same. ⚠ not in text
610 citation events (126 in the last 25 years) across 6 distinct courts.
Strongest positive: State of Texas, Acting by and Through the Texas Facilities Commission, for and on Behalf of the Texas Health and Human Services Commission; The Texas Facilities Commission; Mike Novak, in His Official Capacity as Executive Director of the Texas Facilities Commission; The Texas Health and Human Services Commission; And Rolland Niles in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. 8317 Cross Park, LLC (txctapp15, 2026-04-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Remnant Assets, LLC v. Permico Royalties, LLC; Parkcrest Minerals, LLC; And David B. Roemer
Tex. App. · 2025 · confidence medium
However, Remnant did not present this equity claim in the trial court. “[A] claim or allegation may not be raised for the first time on appeal.” First United Pentecostal Church of Beaumont v. Parker, 514 S.W.3d 214, 224 (Tex. 2017) (citing 20 Stafford v. Stafford, 726 S.W.2d 14, 15 (Tex. 1987)); see TEX.
discussed Cited as authority (rule) Remnant Assets, LLC v. Permico Royalties, LLC Parkcrest Minerals, LLC And David B. Roemer
Tex. App. · 2024 · confidence medium
However, Remnant did not present this equity claim in the trial court. “[A] claim or allegation may not be raised for the first time on appeal.” First United Pentecostal Church of Beaumont v. Parker, 514 S.W.3d 214, 224 (Tex. 2017) (citing Stafford v. Stafford, 726 S.W.2d 14, 15 (Tex. 1987)); see TEX.
cited Cited as authority (rule) Roy Gentry Clarke v. Rexann Passmore Clarke
Tex. App. · 2024 · confidence medium
Enriquez v. Krueck, 887 S.W.2d 497, 499 (Tex. App.—San Antonio 1994, no writ) (citing Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987)).
cited Cited as authority (rule) $14,832.00 United States Currency And One (1) 2010 Mercedes and Certain Property v. the State of Texas
Tex. App. · 2022 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987).
cited Cited as authority (rule) Lowry v. Tarbox
Tex. App. · 2017 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987).
cited Cited as authority (rule) First United Pentecostal Church of Beaumont v. Parker
Tex. · 2017 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 15 (Tex. 1987).
discussed Cited as authority (rule) in Re: Giant Eagle, Inc.
Tex. App. · 2015 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987). commitment to Lean and Free, had threatened to cut off funds before the sale to Pacific, and was seeking a buyer [27] [28] In reviewing a factual insufficiency point, the for the company. appellate court first must examine all of the evidence, [29] Lofton v. Texas Brine Corp., 720 S.W.2d 804 , 805 There is more than a scintilla of evidence to support (Tex.1986), and having considered and weighed all the the jury findings.
discussed Cited as authority (rule) Eric E. Perez and Edmundo Perez v. Le Prive Enterprise, L.L.C. D/B/A Mekano Live & Grill and Manuel Arellano (2×)
Tex. App. · 2015 · confidence medium
Houston 1957, writ refd n.r.e.). . . . 16,17 Southwind Aviation, Inc. v. Avendano, 776 S.W.2d 734, 737 (Tex. App.--Corpus Christi 1989, writ denied).. . . . 21 Southern States Transp., Inc. v. State, 774 S.W.2d 639, 640 (Tex. 1989). 19 Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987). 19 Taiwan Shrimp Farm Village Ass 'n, Inc. v. U.S.A.
discussed Cited as authority (rule) East Texas Medical Center D/B/A East Texas Medical Center Emergency Medical Services v. Jody Delaune Individually and as Personal Representative of the Estate of Crystal Delaune, and as Next Friend of D. D., D. D. and D. A. D., Minors
Tex. App. · 2015 · confidence medium
If not, then, as the Su- Civil Procedure 226(a), which are not to be disturbed. preme Court has held, "it is the duty of the trial court to Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987). instruct a verdict, though there be slight testimony, if its probative force be so weak that it only raises a mere Page 4 934 S.W.2d 433 , *; 1996 Tex. App. LEXIS 5160 , ** surmise or suspicion of the existence of a fact sought to failed to provide, Jones v. Nafco Oil and Gas, Inc., 380 be established." Joske v. Irvine, 91 Tex. 574 , 44 S.W.
discussed Cited as authority (rule) Elishah Sawyers, Pax Crate & Freight, Inc. and Robin Sawyers v. Marc Carter and Sally Carter
Tex. App. · 2015 · confidence medium
Davis v. City of San Antonio, Petition Citation, Notice to Serve Non-Resident Defend- 752 S.W.2d 518, 522 (Tex. 1988); Stafford v. Stafford, ant with my endorsement thereon and a copy of the 726 S.W.2d 14, 16 (Tex. 1987).
discussed Cited as authority (rule) Brian C. Simcoe v. Thomas Christopher and Catrina Christopher
Tex. App. · 2015 · confidence medium
Stafford, 726 S.W.2d 14, 16 (Tex. Stated simply, if a person who has 1987); In re King’s Estate, 150 Tex. fraudulently been made a party to a 662, 224 S.W.2d 660, 661 (1951). contract continues to receive the HN32 In considering a factual benefits of the contract after he sufficiency point, we may not becomes aware of the fraud, or if he substitute our judgment for that of otherwise conducts himself in such the trier of fact, but must assess all a manner as to recognize the contract the evidence and reverse for a new as existing and binding, he thereby trial only if the challenged finding af…
discussed Cited as authority (rule) Joseph E. Uluh v. Ijeoma O. Uluh
Tex. App. · 2011 · confidence medium
See Rafferty v. Finstead , 903 S.W.2d 374, 377 (Tex. App.—Houston [1st Dist.] 1995, writ denied); Humble v. Humble , 805 S.W.2d 558, 563 (Tex. App.—Beaumont 1991, writ denied) (citing Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987)).
cited Cited as authority (rule) Yigal Bosch and Transamerica Corp of Houston v. Open Pines Condominium Owners Association, Inc.
Tex. App. · 2010 · confidence medium
Appraisal Dist. v. Fisher , 88 S.W.3d 807, 815 (Tex. App.—El Paso 2002, pet. denied) (citing Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987)).
cited Cited as authority (rule) Kroger Co. v. Persley
Tex. App. · 2008 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) the Kroger Company v. Sylvia R. Persley
Tex. App. · 2008 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987).
cited Cited as authority (rule) Gnerer v. Johnson
Tex. App. · 2007 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Rodney M. Gnerer and Dawn Gnerer v. Kaye Johnson and Arvey R. Johnson
Tex. App. · 2007 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987).
discussed Cited as authority (rule) Brandt v. Surber (2×)
Tex. App. · 2006 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) JCW Electronics, Inc. v. Garza
Tex. App. · 2005 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
discussed Cited as authority (rule) Rose L. Cason v. Charles B. Cason
Tex. App. · 2005 · confidence medium
See Schlueter v. Schlueter , 975 S.W.2d 584, 589 (Tex.1998); Bell v. Bell , 513 S.W.2d 20, 22 (Tex. 1974); Phillips v. Phillips , 75 S.W.3d 564, 567 (Tex. App.--Beaumont 2002, no pet.)(citing Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987)).
cited Cited as authority (rule) Owens v. Perez Ex Rel. San Juana Morin
Tex. App. · 2005 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Tierra Sol Joint Venture v. City of El Paso
Tex. App. · 2005 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987); Worsham Steel Co. v. Arias, 831 S.W.2d 81, 83 (Tex.App.-El Paso 1992, no writ).
cited Cited as authority (rule) Mayhew v. Dealey
Tex. App. · 2004 · confidence medium
Bradford v. Vento, 48 S.W.3d 749, 754 (Tex.2001); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Michael Maxwell McDaniel v. Dawn L. McDaniel
Tex. App. · 2004 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987) (citing Bell v. Bell, 513 S.W.2d 20, 22 (Tex. 1974)).
cited Cited as authority (rule) Michael Maxwell McDaniel v. Dawn L. McDaniel
Tex. App. · 2004 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987) (citing Bell v. Bell , 513 S.W.2d 20, 22 (Tex. 1974)).
cited Cited as authority (rule) CIGNA Healthcare of Texas, Inc. v. Pybas
Tex. App. · 2004 · confidence medium
BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789, 795 (Tex.2002); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Victor Manuel Gonzalez, Jr. v. Velma Hernandez Gonzalez
Tex. App. · 2003 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987).
cited Cited as authority (rule) Maria De Jesus Gipson v. Martha Huerta
Tex. App. · 2003 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987).
discussed Cited as authority (rule) Fireman's Fund Ins. Co. v. Imbesi
N.J. Super. Ct. App. Div. · 2003 · confidence medium
Court, Montgomery County, Dec. 1985) (jury awarded plaintiff $300,000 on claim that she contracted chlamydia from ex-husband which he knew he acquired during an extramarital affair); Stafford v. Stafford, 726 S.W.2d 14, 15 (Tex.1987) (jury awarded plaintiff $257,260 in compensatory damages and $100,000 in punitive damages on claim that ex-husband infected her with chlamydia).
cited Cited as authority (rule) Biggs, Robbie & Peggy v. Terry Clyburn, M.D. and St. Joseph Hospital
Tex. App. · 2003 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987), overruled on other grounds, Price v. Price , 732 S.W.2d 316 (Tex. 1987).
discussed Cited as authority (rule) Matagorda County Hospital District v. Burwell (2×)
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Robert Hugh Goodfellow v. Shari Angela Masson Goodfellow
Tex. App. · 2002 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987); Echols v. Olivarez , No. 03-01-00410-CV, 2002 Tex. App. LEXIS 6283, at *3 (Tex. App.--Austin Aug. 30, 2002, no pet. h.).
cited Cited as authority (rule) Robert Hugh Goodfellow v. Shari Angela Masson Goodfellow
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987); Echols v. Olivarez, No. 03-01-00410-CV, 2002 Tex. App. LEXIS 6283, at *3 (Tex. App.CAustin Aug. 30, 2002, no pet. h.).
cited Cited as authority (rule) Appraisal Review Board of the El Paso County Central Appraisal District v. Fisher
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Roger Garibay, Sr. v. State
Tex. App. · 2002 · confidence medium
Burroughs Wellcome Co. v. Crye , 907 S.W.2d 497, 499 (Tex. 1995); Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987).
cited Cited as authority (rule) Roger Garibay, Sr. v. State
Tex. App. · 2002 · confidence medium
Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex. 1995); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987).
cited Cited as authority (rule) In Re BMR
Tex. App. · 2002 · confidence medium
See Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex.1995); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) in the Interest of B.M.R., a Minor Child
Tex. App. · 2002 · confidence medium
See Burroughs Well-come Co. v. Crye, 907 S.W.2d 497, 499 (Tex.1995); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) General Motors Corp. v. Iracheta
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987); Thrift, 974 S.W.2d at 77 .
cited Cited as authority (rule) General Motors Corporation v. Rita L. Iracheta, Administrator of the Estates of David Iracheta, and Edgar Iracheta, John H. Russell, as Administrator of the Estate of Silvandria Iracheta
Tex. App. · 2002 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987); Thrift , 974 S.W.2d at 77 .
cited Cited as authority (rule) Durban v. Guajardo
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987); Alm v. Aluminum Co. of Am., 717 S.W.2d 588, 593 (Tex.1986).
cited Cited as authority (rule) Eberle v. Adams
Tex. App. · 2002 · confidence medium
See Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex.1995); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) James Drew Phillips v. Nancy Jane Phillips
Tex. App. · 2002 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987); Bell v. Bell , 513 S.W.2d 20, 22 (Tex. 1974).
discussed Cited as authority (rule) Phillips v. Phillips (2×)
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987); Bell v. Bell, 513 S.W.2d 20, 22 (Tex.1974).
cited Cited as authority (rule) Terrace Land Company v. American Refuse, Inc., M.L. Deer Construction Co., and BRI River Oaks Limited Partnership
Tex. App. · 2002 · confidence medium
Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex. 1995); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987).
examined Cited as authority (rule) Coastal Mart, Inc. v. Hernandez (4×)
Tex. App. · 2002 · confidence medium
Formosa, 960 S.W.2d at 48 ; Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Gaiton, Catherino v. Susan Bullock
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987); Star Houston, Inc. v. Shevack , 886 S.W.2d 414, 417 (Tex. App.--Houston [1st Dist.] 1994, writ denied).
cited Cited as authority (rule) James V. Mazuca & Associates v. Schumann
Tex. App. · 2002 · confidence medium
Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987).
cited Cited as authority (rule) Texas Department of Public Safety v. Mae Moore Williams, A/K/A Mae Joyce Williams
Tex. App. · 2002 · confidence medium
Stafford v. Stafford , 726 S.W.2d 14, 16 (Tex. 1987).
Retrieving the full opinion text from the archive…
Margarita M. STAFFORD, Petitioner,
v.
Robert T. STAFFORD, Respondent
C-5220.
Texas Supreme Court.
Feb 18, 1987.
726 S.W.2d 14
1987 Tex. LEXIS 300
Robert Charles Lyon and Michael A. Yonks, Lyon & Lyon, Mesquite, for petitioner., John A. George, John A. George, P.C., Dallas, for respondent.
Hill, Mauzy, Gonzalez, Wallace.
Cited by 478 opinions  |  Published

Lead Opinion

OPINION

HILL, Chief Justice.

This case arose out of a divorce action. In 1984, Robert Stafford sued Margarita Stafford for divorce. Margarita filed a counterclaim to recover personal injury damages alleging that Robert transmitted a venereal disease to her. Although the case was not severed, the divorce proceeding was tried by the district court, while the personal injury case was tried before a jury. The jury found issues supporting Margarita’s personal injury claim and found that she should recover compensatory and exemplary damages. In the divorce action, the trial court determined that Robert and Margarita’s marriage had become insupportable and rendered a judgment that (1) awarded Margarita in damages for personal injuries and (2) granted the divorce and (3) divided the marital estate equally between Margarita and Robert.

Both parties appealed from the trial court’s judgment. Margarita contended that the trial court abused its discretion when it divided the marital estate equally, while Robert argued that Margarita should receive nothing on her personal injury claim. In an unpublished opinion, the court of appeals affirmed the trial court’s division of the marital estate and rendered judgment that Margarita take nothing from her personal injury suit because there was no evidence to support such judgment. We affirm the division of the marital estate and we reverse and remand Margarita’s personal injury action to the court of appeals for further proceedings.

JURISDICTION

Robert argues that this is a “case of divorce” over which this Court lacks jurisdiction absent a dissent or conflict. See TEX.GOV’T.CODE ANN. § 22.225(b)(3) & (c) (Vernon 1987). This, however, is not solely “a case of divorce” because Margarita has joined and carried forward on appeal an additional claim against Robert for personal injury upon which she prevailed before the jury and upon which verdict a judgment was rendered in the trial court thereby permitting assumption of jurisdiction by this Court. TEX.GOV’T.CODE ANN. § 22.001(a)(6) (Vernon 1987). We granted writ to review the court of appeals holding that there is no evidence to support judgment for Margarita on her personal injury claim, and “under the writ of error practice, it is generally held that when our jurisdiction is properly invoked as to one point set forth in the application for writ of error, we acquire jurisdiction of the entire case.” Harry Eldridge Co., Inc. v. T.S. Lankford & Sons, Inc., 371 S.W.2d 878, 879 (Tex.1963).

INTERSPOUSAL IMMUNITY

The jury found that Robert transmitted a venereal disease to Margarita, that he was negligent and grossly negligent, and that she was injured by the disease. Based on these findings, the trial court awarded Margarita compensatory and exemplary damages. While Robert argues that this part of the trial court’s judgment must be reversed because the doctrine of interspousal immunity bars, as a matter of law, a negligence action between spouses, he did not plead or raise inter-spousal immunity as a defense in the trial court.

Unless fundamental error is involved, a party cannot raise an issue on appeal if the issue was not raised in the party’s pleadings or during trial. E.g., Gray-Taylor, Inc. v. Tennessee, 587 S.W.2d 668 (Tex. 1979); State of California Department of Mental Hygiene v. Bank of the Southwest National Association, 163 Tex. 314, 354 S.W.2d 576 (1961); Willis v. Titan Contractors Corp., 625 S.W.2d 69 (Tex.Civ.App. — Houston [14th Dist.] 1981, writ ref'd n.r.e.); Smith v. Davis, 453 S.W.2d 340 (Tex.Civ.App. — Fort Worth 1970, writ ref’d[*16] n.r.e.). Robert therefore waived that defense and we need not reach the issue of whether the doctrine of interspousal immunity continues to bar negligence actions between spouses.

EVIDENTIARY ISSUES

Robert further argues that there is no evidence to support the jury’s findings that (1) he transmitted a venereal disease to Margarita, (2) he was negligent, (3) he was grossly negligent and (4) Margarita sustained actual damages of $254,320. In the alternative, Robert contends that there was factually insufficient evidence to support the jury’s findings. Robert also maintains that the damages assessed against him should be remitted. The court of appeals agreed that there was no evidence to support the jury’s finding that Robert transmitted a venereal disease to her and reversed the judgment of the trial court. The court of appeals did not address Robert’s other points of error.

In determining whether there is any evidence to support a jury’s findings, “an appellate court must consider only the evidence and the inferences tending to support the finding and disregard all evidence and inferences to the contrary.” Garza v. Alviar, 395 S.W.2d 821, 823 (Tex.1965). We have carefully reviewed the record in this case and find that it contains more than a scintilla of evidence that during this marriage Robert had adulterous relationships; that he contracted a venereal disease; that he transmitted to Margarita such venereal disease; that the venereal disease was a proximate cause of injury to Margarita; that such injury caused her to suffer mental anguish; and, that such injury caused her to lose several thousand dollars in lost wages. Thus, there is some evidence to support the jury’s findings, and the court of appeals erred in its holding of no evidence.

Robert also argues that the jury’s findings were not supported by factually sufficient evidence or, in the alternative, that the damages awarded by the jury should be remitted. The court of appeals found it unnecessary' to address these points because the court decided that there was no evidence to support the jury’s finding that Robert transmitted a venereal disease to Margarita. Because we have concluded that there is some evidence to support all of the jury’s findings, we remand Margarita’s personal injury action to the court of appeals to consider Robert’s factual sufficiency and remittur points of error. Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986).

DIVISION OF THE MARITAL ESTATE

In essence, Margarita argues that the trial court abused its discretion by dividing the marital estate equally between her and Robert. She contends that the court must give her a greater share of the marital estate, and award her attorney’s fees, because Robert committed adultery and because he earned a substantially higher income than her. We disagree. Fault and disparity in the parties’ incomes are only two of the many factors the trial court should consider when dividing a marital estate. Murff v. Murff, 615 S.W.2d 696, 699 (Tex.1981). An appellate court will not reverse and remand a trial court’s property division unless the trial court clearly abused its discretion. Bell v. Bell, 513 S.W.2d 20, 22 (Tex.1974). Considering all the facts of this case, we cannot say that the trial court abused its discretion. Accordingly, we affirm the trial court’s division of the marital estate and reverse and remand Margarita’s personal injury action to the court of appeals for proceedings consistent with this opinion.

MAUZY, J., files a concurring opinion in which GONZALEZ, J., joins. WALLACE, J., notes his dissent.

Concurrence

MAUZY, Justice,

concurring.

I concur with the court's result; however, I respectfully submit that the time[*17] has come to abolish the legal myth of inter-spousal immunity. The interspousal immunity rule is a “creature of the common law that resulted exclusively from judicial decisions.” Boblitz v. Boblitz, 296 Md. 242, 462 A.2d 506, 507 (1983). The rule, as described by Blackstone, is as follows:

By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband: under whose wing, protection, and cover, she performs everything; and is therefore called in our law-french a feme-covert, foemina viro co-operta; is said to be covert-baron, or under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle, of a union of person in husband and wife, depend almost all the legal rights, duties, and disabilities, that either of them acquire by the marriage.
* * * * * *
If the wife be injured in her person or her property, she can bring no action for redress without her husband’s concurrence, and in his name, as well as her own: neither can she be sued without making the husband a defendant.

1 W. BLACKSTONE, COMMENTARIES, Ch. 15, p. 442-443 (emphasis original).

By 1983, some twenty-eight jurisdictions had fully abrogated the rule of interspousal immunity; at least ten jurisdictions had abolished the rule, in part, as to all or some torts; one jurisdiction allowed a cause of action between spouses but because of conflicting statutes, provides no remedy. See Boblitz v. Boblitz, 462 A.2d at 522-524.

The rule emanates from English common law, under which women were chattels. Such a rule has no basis in 20th century reason and should be abolished.

The doctrine of interspousal immunity is more aptly termed “a rule in derogation of married women.” Boblitz v. Boblitz, 462 A.2d at 507. Undoubtedly, the doctrine’s time has come and gone.

GONZALEZ, JJ., joins in this concurring opinion.