LAURIE GORDON, APPELLANT,
v.
BARRY GORDON, APPELLEE
Explore caselaw by topic → Browse Interspousal Immunity cases and more on FLexlaw
PER CURIAM.
Laurie Gordon challenges the trial court’s order dismissing with prejudice Count II of her second amended petition for dissolution of marriage. Count II alleged an intentional tort action; specifically, that during the marriage Barry Gordon converted money awarded to Laurie Gordon pursuant to settlement of her independent personal injury claim. We affirm.
We hold that the doctrine of interspousal tort immunity applies to bar Laurie Gor don’s recovery from her husband for the alleged conversion. Hill v. Hill, 415 So. 2d 20 (Fla.1982); West v. West, 414 So. 2d 189 (Fla.1982); Raisen v. Raisen, 379 So. 2d 352 (Fla.1979), cert. denied, 449 U.S. 886, 101 S.Ct. 240, 66 L.Ed.2d 111 (1980). In doing so, however, our opinion should not be interpreted to preclude the trial court, in the pending dissolution proceeding, from exercising its discretion in fashioning a money award for Laurie Gordon which takes into consideration “any other factor necessary to do equity and justice between the parties.” § 61.08, Fla.Stat. (1981); Hill; West.
AFFIRMED.
OTT, C.J., and BOARDMAN and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cook v. Cook, 602 So. 2d 644 (Fla. 2d DCA 1992)…t in establishing alimony....” Hill, 415 So. 2d at 24. See also West v. West, 414 So. 2d 189 (Fla.1982) (wife’s claim for injury caused by husband intentionally throwing her to the floor should be raised in dissolution proceeding); Gordon v. Gordon, 443 So. 2d 282 (Fla. 2d DCA 1983) (trial court in dissolution proceeding should fashion money award to compensate wife for her conversion claim against husband). Mr. Cook’s counsel, however, argued that the continued application of the law that an injured spouse m…
-
McADAM v. Thom, 610 So. 2d 510 (Fla. 3d DCA 1992)…e that under the doctrine of interspousal immunity, Ms. McAdam is not liable for conversion of McAdam, Sr.’s property during the marriage. See Hill v. Hill, 415 So. 2d 20 (Fla.1982); Cook v. Cook, 602 So. 2d 644 (Fla. 2d DCA 1992); Gordon v. Gordon, 443 So. 2d 282 (Fla. 2d DCA 1983). This conclusion is not altered by the holding in Sturiano v. Brooks, 523 So. 2d 1126 (Fla.1988), which abrogated the doctrine of interspousal tort immunity to the limited extent of liability insurance where traditional policy co…
-
Matti v. Matti, 647 So. 2d 168 (Fla. 2d DCA 1994)…, again, agree. Pursuant to section 61.075, Florida Statutes (1991), a court may consider “any other factors necessary to do equity and justice between the parties” in making an equitable distribution of marital property. See also, Gordon v. Gordon, 443 So. 2d 282 (Fla. 2d DCA 1983). In particular, misconduct of a spouse which results in the dissipation of marital assets may be considered in devising an equitable distribution scheme. Romano v. Romano, 632 So. 2d 207 (Fla. 4th DCA 1994); Huntley v. Huntley, 57…
Authorities Cited
- Raisen v. Raisen, 379 So. 2d 352 (Fla. 1979)
- Sheilah Kristine Hill v. Hill, 415 So. 2d 20 (Fla. 1982)
- Raisen v. Raisen, 449 U.S. 886 (U.S. 1980)
- Whisenhunt v. Georgia, 449 U.S. 886 (U.S. 1980)
- West v. West, 414 So. 2d 189 (Fla. 1982)