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Newby v. Newby
Citations: 403 So. 2d 562; 1981 Fla. App. LEXIS 21032Docket: No. 80-1763
Court: District Court of Appeal of Florida; September 8, 1981; Florida; State Appellate Court
Cassandra and Jeff Newby, during their divorce proceedings, were sued by Elizabeth Robertson, Cassandra's mother, for a defaulted promissory note. In response, Jeff filed an answer and a cross-claim against Cassandra seeking contributions, restitution, subrogation, and an equitable lien on certain property. Cassandra counterclaimed against Jeff for damages, alleging physical abuse. Jeff successfully moved to dismiss Cassandra’s counterclaim on the grounds of interspousal immunity, which prevents one spouse from suing another for torts committed during the marriage. The court upheld the dismissal, citing binding Florida law that maintains this doctrine, despite many jurisdictions having modified or abolished it. A significant aspect of the case is that this issue is currently before the Florida Supreme Court. The court has certified a question of great public interest to the Supreme Court: whether a person can sue their spouse for intentional torts committed during marriage. The dismissal of Cassandra's counterclaim was affirmed.