CopyCited 45 times | Published | Supreme Court of Florida | 1999 WL 125522
...(requiring the Department of Children and Family Services to furnish a yearly report to the President of the Senate and the Speaker of the House on the status of domestic violence in the state); § 444.497, Fla. Stat. (1997); ch. 95-187, § 4, at 1731-32, Laws of Fla.; § 741.235, Fla....
CopyCited 32 times | Published | Supreme Court of Florida | 1993 WL 176645
...3d DCA 1991), which certified the following question of great public importance: Whether Sturiano v. Brooks,
523 So.2d 1126 (Fla. 1988), permits a claim by a former spouse for battery against the other spouse, committed during the marriage, and prior to the effective date of section
741.235, Florida Statutes (1985), where the claim is limited to the extent of insurance coverage, the spouse was convicted of attempted first degree murder stemming from the battery, and the egregious nature of the injuries demonstrates that...
...Rather, the doctrine is based upon the dual public policies of fostering marital harmony and avoiding possible collusion or fraud between spouses. The Legislature has already statutorily abrogated the doctrine with regard to the intentional tort of battery. Section 741.235, Fla....
...riage. The fault concept which was discarded in no fault dissolution proceedings will have a rebirth in a different form. The step the majority takes is entirely too broad. The Legislature has abolished spousal immunity in intentional battery cases. Section 741.235, Fla....
...Hill,
415 So.2d 20 (Fla. 1982). [3] If the injured spouse obtains a judgment and levies on the other's property, he or she will be well advised not to put the money in a joint bank account or the tortfeasor-spouse will be able to take it back again. [4] Section
741.235, Florida Statutes (1991), was enacted subsequent to the conduct involved in this case and therefore cannot control our decision.
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1995 WL 525665
...was not retroactive. He dismissed the battery count because he found that consensual sexual intercourse fails as a matter of law to establish the element of unconsented to touching which is required to sustain the tort of battery. He recognized that section 741.235, Florida Statutes (1985) abrogated interspousal immunity as to the battery count....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1995 WL 455451
...esulted in an erroneous upward modification of Wife's support payments and in an erroneous additional award of lump sum alimony. We also write to address the propriety of the trial court's award to Wife of damages for her battery claims. Pursuant to section 741.235, Florida Statutes (1993), and Waite v....
CopyCited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 1991 Bankr. LEXIS 1370, 1991 WL 191348
...between parties." Fla.Stat. §
61.08; Gordon v. Gordon,
443 So.2d 282 (Fla. 2d DCA 1983); Hill v. Hill,
415 So.2d 20 (Fla.1982). The doctrine of interspousal immunity was abrogated by the Florida Legislature in 1985 with the enactment of Fla. Stat. §
741.235 concerning the intentional tort of battery....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1992 WL 75660
...In the judicial setting, the complex social issue of sexual abuse comes before the court upon a set of facts by a single case. AFFIRMED. GRIFFIN, J., and JOHNSON, W.C., Jr., Associate Judge, concur. NOTES [1] We also note that the legislature abrogated interspousal immunity for battery in 1985, section 741.235, Florida Statutes, but did not alter parent-child immunity.
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 87223
...[4] The Sturiano decision abrogated immunity to the extent of insurance coverage in cases lacking the policy considerations it set forth. Finally, we note that the common law bar to interspousal intentional tort claims, *224 reiterated in West, has been superceded by section 741.235, Florida Statutes (1985), in actions seeking damages for the intentional tort of battery....
...A married woman can also sue her husband to enforce contract and property claims. Dodson v. National Title Insurance Co.,
159 Fla. 371,
31 So.2d 402 (1947). Further, since October 1, 1985, the doctrine no longer applied to the intentional tort of battery. [5] §
741.235, Fla....
...l torts resulting in physical harm: Illinois Ch. 40, § 1001, Ill. Ann. Stat. (1987 Supp.) Rule abrogated for outrageous intentional torts: Maryland 1978 Lusby v. Lusby 283 Md. 334, 390 A.2d 77 Rule abrogated for intentional tort of battery: Florida § 741.235, Fla....
...We certify the following question as one of great public importance: WHETHER STURIANO v. BROOKS,
523 So.2d 1126 (Fla. 1988), PERMITS A CLAIM BY A FORMER SPOUSE FOR BATTERY AGAINST THE OTHER SPOUSE, COMMITTED DURING THE MARRIAGE, AND PRIOR TO THE EFFECTIVE DATE OF SECTION
741.235, FLORIDA STATUTES (1985), WHERE THE CLAIM IS LIMITED TO THE EXTENT OF INSURANCE COVERAGE, THE SPOUSE WAS CONVICTED OF ATTEMPTED FIRST DEGREE MURDER STEMMING FROM THE BATTERY, AND THE EGREGIOUS NATURE OF THE INJURIES DEMONSTRATES THAT...
...United States Fidelity & Guar. Co.,
475 So.2d 1211 (Fla. 1985), Mrs. Sturiano's claim should be barred. The Supreme Court rejected the contention, distinguishing Snowten, on its facts. Sturiano,
523 So.2d at 1128. [5] In 1985, the Florida legislature adopted Section
741.235, Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1992 WL 55237
...1988), declined to extend, Government Employees Ins. Co. v. Fitzgibbon,
568 So.2d 113 (Fla. 5th DCA 1990); Snowten v. United States Fidelity and Guar. Co.,
475 So.2d 1211 (Fla. 1985). Here, the battery action is the only applicable exception sanctioned by the legislature. §
741.235, Fla....
