ALETA SHOEMAKER, APPELLANT,
v.
MICHAEL P. SHOEMAKER, APPELLEE
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PER CURIAM.
As the result of a slip and fall accident in defendant-appellee’s home, plaintiff-appellant brought a negligence action. After suit was filed, the parties were married. The trial judge granted defendant’s motion for summary judgment and dismissed the case with prejudice, thus barring plaintiff’s right to ever bring an action on the same claim.
We affirm the dismissal based as it was on the doctrine of interspousal immunity. Snowten v. United States Fidelity & Guar. Co., 475 So. 2d 1211 (Fla.1985); 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). However, we hold that the dismissal should have been without prejudice. The cases of Gaston v. Pittman, 224 So. 2d 326 (Fla.1969) and Chatmon v. Woodard, 492 So. 2d 1115 (Fla. 3d DCA 1986) control here. As this court held in Chatmon, “[A]bate[ment] of the cause of action pending the possible termination of the marriage of the parties by dissolution or death” is the proper disposition of a case such as this where the cause of action accrued before marriage. Chatmon, 492 So. 2d at 1116.
Affirmed and remanded with directions to enter an order of dismissal without prejudice.
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Herrin v. State, 568 So. 2d 920 (Fla. 1990)…2d 94 (Fla. 3d DCA 1989); State v. Salony, 528 So. 2d 404 (Fla. 3d DCA), review denied, 531 So. 2d 1355 (Fla.1988); State v. Whitten, 524 So. 2d 1114 (Fla. 4th DCA 1988); State v. Francis, 524 So. 2d 1172, 1173 (Fla. 4th DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988). At the outset, we are unwilling to say that substance abuse can only be a valid reason for a downward departure in those cases in which a defendant’s mind was impaired by alcohol or drugs at the time the crime was committed. On…
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State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988)…minal Procedure 3.701(d)(11). Accordingly, we vacate the sentence and remand with directions to the trial court to provide written reasons supporting the departure sentence. See State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988); Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988). Sentence vacated and cause remanded for resentencing.…
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State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989)…departure from the sentencing guidelines. Barbera v. State, 505 So. 2d 413 (Fla.1987); State v. Salony, 528 So. 2d 404 (Fla. 3d DCA), review denied, 531 So. 2d 1355 (Fla.1988); State v. Whitten, 524 So. 2d 1114 (Fla. 4th DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988). However, as the state contends, and the defendant concedes, the trial court erred in not entering a written order delineating its reason for departure. Consequently, the sentence must be vacated and the case remanded for entry…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Raisen v. Raisen, 379 So. 2d 352 (Fla. 1979)
- Snowten v. United States Fid. & Guar. Co. & Willie Lee Snowten, 475 So. 2d 1211 (Fla. 1985)
- Raisen v. Raisen, 449 U.S. 886 (U.S. 1980)
- Whisenhunt v. Georgia, 449 U.S. 886 (U.S. 1980)
- Gaston v. Pittman, 224 So. 2d 326 (Fla. 1969)
- Ernestine Chatmon v. Milford Woodard, 492 So. 2d 1115 (Fla. 3d DCA 1986)