741.235

Doctrine of interspousal tort immunity abrogated.

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741.235 Doctrine of interspousal tort immunity abrogated.—The common-law doctrine of interspousal tort immunity is hereby abrogated with regard to the intentional tort of battery, and the ability of a person to sue another person for the intentional tort of battery shall not be affected by any marital relationship between the persons.

History.—s. 1, ch. 85-328.

Notes of Decisions

Cited in 8 cases, 1991–1999 · leading case: Waite v. Waite

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Waite v. Waite (1993) fla · cites it 6× “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…”

Waite v. Waite (1992) fladistctapp · cites it 8× “[5] § 741.235, Fla. Stat. (1989). Nevertheless, Florida continues to apply the doctrine.”

Weiand v. State (1999) fla · cites it 2× “; § 741.235, Fla. Stat. (1997). [15] We sua sponte adopt this as an interim Standard Jury Instruction and instruct the Committee on Standard Jury Instructions in Criminal Cases to provide us with any recommendations as to the wording of the instruction by July 1, 1999.”

Hogan v. Tavzel (1995) fladistctapp · cites it 2× “He recognized that section 741.235, Florida Statutes (1985) abrogated interspousal immunity as to the battery count.”

Snedaker v. Snedaker (1995) fladistctapp · cites it 2× “Therefore, the trial court erred in applying the change of circumstances test, which resulted in an erroneous upward modification of Wife's support payments and in an erroneous additional award of lump sum alimony.”

Richards v. Richards (1992) fladistctapp · cites it 2× “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.”

Harris v. Jaquis (In Re Jaquis) (1991) flmb “§ 741.235 concerning the intentional tort of battery.”

Hahn v. Hahn (1992) fladistctapp · cites it 2× “§ 741.235, Fla. Stat. (1985). DELL and WARNER, JJ.”

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