Dykstra-Gulick v. Gulick
Docket: No. 90-1702
Court: District Court of Appeal of Florida; May 23, 1991; Florida; State Appellate Court
Appellant Sheryl Dykstra-Gulick initiated a declaratory judgment action against her husband, Douglas Gulick, seeking damages for injuries from an automobile accident prior to their marriage. Douglas Gulick moved to dismiss the complaint, asserting that the action was barred by interspousal immunity. The trial court agreed and dismissed the complaint with prejudice. Although the court recognized that abatement of the action might be appropriate pending the potential dissolution of the marriage, it ultimately dismissed the appeal due to a lack of jurisdiction. The dismissal order was considered an order granting a motion rather than a final dismissal of the action, rendering it non-appealable according to established case law. The appeal was dismissed, with judges Goshorn, Griffin, and Diamantis concurring.