PAOLI v. SHOR

No. 76-504.

345 So.2d 789 (1977)

Gerald PAOLI et al., Appellants, v. Minnie Berger SHOR et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 6, 1977.


Attorney(s) appearing for the Case

Thomas F. Martin and Henry Burnett, of Fowler, White, Burnett, Hurley, Banick & Knight, P.A., Miami, for appellants.

Marjorie D. Gadarian, of Jones, Paine & Foster, P.A., West Palm Beach, for appellees.


DAUKSCH, Judge.

This is a personal injury case wherein Appellant was the Plaintiff seeking contribution from the Appellee as a joint tortfeasor as defined in Section 768.31, Florida Statutes (Supp. 1976).

The facts of the case bring us squarely in the face of the common-law doctrine of interspousal immunity which says neither a husband nor a wife can sue the other. See Webster v. Snyder, 103 Fla. 1131, 138 So. 755 (1932) (especially dissent).

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