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BURGESS v. BURGESS

No. AJ-59.

417 So.2d 1173 (1982)

Dean D. BURGESS, Appellant, v. Foster F. BURGESS, Appellee.

District Court of Appeal of Florida, First District.

August 16, 1982.

Attorney(s) appearing for the Case

J. LaDon Dewrell and F. Lloyd Blue, Jr., of Dewrell, Blue & Brannon, Fort Walton Beach, for appellant.

Henry Clay Mitchell, Jr., of Levin, Warfield, Middlebrooks, Mabie & Magie, P.A., Pensacola, for appellee.

WIGGINTON, Judge.

Appellant, Mrs. Burgess, appeals from the order of the trial court reluctantly dismissing her cause of action for civil damages brought under Section 934.10, Florida Statutes (1979), as being precluded by Raisen v. Raisen, 379 So.2d 352 (Fla. 1979) and the doctrine of interspousal tort immunity.

In 1979, Mr. Burgess filed his complaint for dissolution of marriage in which he stated "the marriage...

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