CopyCited 72 times | Published | Supreme Court of Florida | 1988 WL 26252
...1983) (Wrongful death action by wife's estate against husband's estate was not barred by the doctrine of interspousal immunity); Ard v. Ard,
414 So.2d 1066 (Fla. 1982) (abolishing interfamily (but not interspousal) immunity to the extent of liability insurance). [3] Corren v. Corren,
47 So.2d 774 (Fla. 1950). [4] §
708.08, Fla....
CopyCited 38 times | Published | Supreme Court of Florida
...As we initially noted, in this state spouses are free to sue each other for breach of contractual obligations and to protect separate property rights, but may not bring interspousal actions for tortious injury. Bencomo v. Bencomo ; Dodson v. National Title Insurance Co .; sections
708.08 and
708.09, Florida Statutes, (1977)....
...d, down to the fourth day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the constitution and laws of the United States and the acts of the legislature of this state. [2] § 708.08, Fla....
CopyCited 19 times | Published | Supreme Court of Florida
...since Milton, as every husband knows. We deem it unnecessary to continue to cloud the law with the mist of an out-moded fiction that has been dispelled by the light of present-day realities. Married women's "emancipation statutes," such as Sections 708.08-708.10, Florida Statutes, F.S.A., enacted twenty years ago, have demonstrated a legislative intention to liberate married women from most of the economic bonds which previously subordinated them to the control of their husbands....
...stitution itself. Under modern statutes a married woman may now own separate property, enter into contracts, sue and be sued, engage in business, and otherwise conduct her affairs almost with the same absence of restraint as if she were a feme sole. Section 708.08, supra....
CopyCited 19 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 1076
...le by the daughter of both parties to whom the husband had entrusted the car. The circuit judge held the view that one spouse could not sue the other because, under the common law, they were one person and this fiction had not been changed either by Section
708.08 or
708.09, Florida Statutes, 1941, and F.S.A....
...y the driver of his car. We see no occasion to digest the provisions of Section 1 of Article XI of the Constitution, F.S.A., or any of the statutes on the subject now collected in Chapter 708, Florida Statutes, 1941, and F.S.A., except two of these,
708.08 and
708.09, the sections which the circuit judge thought had not changed the common law status of the man and the wife, for in 1932 when the court decided the case of Webster v....
...These are not suggested especially as reasons for our construction of existing law against the position she takes, but rather they occur to us as reasons why the legislature has not expressly or, we think, impliedly authorized her to bring such an action. The appellant insists that Section 708.08, supra, "abrogates the common law doctrine completely" because the act provides that she may "sue and be sued," but we think this provision must be read in context; and if the whole of Section 1 is considered, the very definite impress...
CopyCited 12 times | Published | Supreme Court of Florida | 158 Fla. 418, 1947 Fla. LEXIS 532
presented is ruled by Chapter 21932, Acts of 1943, Section
708.08, Florida Statutes of 1941, the pertinent part
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...t really belonged to John W. Such would be an erroneous conclusion, for even if John W. had furnished all of the money with which to pay for the car, or even if he had made an outright gift of the car to his wife, it was Kay Hutchins' automobile. By Section 708.08 of the 1959 Florida Statutes, F.S.A., the Legislature of our State has removed most of the legal disabilities of married women so that they may now own, manage, control and deal with their separate property the same as if they were unmarried....
CopyCited 9 times | Published | Supreme Court of Florida | 1995 WL 752303
...ot impose a similar liability upon married women. This state recognized the doctrine of necessaries in Phillips v. Sanchez,
35 Fla. 187,
17 So. 363 (1895). However, the disability of coverture was later abrogated. Ch. 21977, Laws of Fla. (1943); see §
708.08, Fla.Stat....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1967 Fla. App. LEXIS 4948
...the promisee against loss or damage through the failure of a third person to carry out his obligation to the promisee'. Royal Indemnity Co. v. Knott,
101 Fla. 1495,
136 So. 474, opinion on rehearing at 479 * * *." (Emphasis added). Florida Statutes §
708.08, F.S.A., sometimes referred to as the Married Woman's Emancipation Statute, has given the married woman power to enter into business transactions with regard to her separate property practically as though she were single, the only material...
...man may now own separate property, enter into contracts, sue and be sued, engage in business, and otherwise conduct her affairs almost with the same absence of restraint as if she were a feme sole." Judd v. Schooley, Fla. 1963,
158 So.2d 514, citing §
708.08, Fla....
CopyCited 7 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 8987, 1991 WL 114122
...We disagree. In Florida, both husband and wife are entitled to control his or her separate property, without joinder or consent of spouse, in all respects, as if the parties were unmarried. Holland v. Holland,
406 So.2d 496 (Fla. 5th DCA 1981). See also §
708.08, Florida Statutes (1979), providing for the right of married women to hold separate property....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...agreement was valid or invalid. Under our present laws, both the husband and wife are entitled to control and manage his or her separate property without joinder or consent of the spouse [1] in *498 all respects as if the parties were unmarried. See § 708.08, Florida Statutes (1979), providing for the right of married women to hold separate property....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...No such finding is made here and the appellant does not so contend. The whole thrust of appellant's argument is that alimony provisions in antenuptial agreements are void as against public policy. The public policy of Florida *422 concerning married women, and their contractual rights, is set forth in Fla. Stat. § 708.08, F.S.A....
CopyCited 3 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1437
...once benefiting from the agreement and escaping responsibility under it. These pronouncements, insists appellant, considered with Section 708.07, Florida Statutes 1941, and F.S.A., as amended by Chapter 23820, Laws of Florida, Acts of 1947, and with Section 708.08 , Florida Statutes 1941, and F.S.A., empower the court to enforce the contract here involved....
...the sale or conveyance of the separate property and the woman's dower. Section 708.07, supra, as has been seen, was in existence long before the passage of the so-called "Emancipation Act," Chapter 21932, Laws of Florida, Acts of 1943, F.S.A. § 708.08 et seq. The only relevant part of that law cited by appellant is Section 1, 708.08 , supra....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 87223
...rty-two states have totally abolished interspousal immunity and fifteen states have abrogated it for intentional and/or negligent torts. [4] Further, section 895F of *226 the Restatement (Second) of Torts (1979), repudiates the doctrine. In Florida, section 708.08(1), Florida Statutes (1989), originally passed in 1943, empowered a married woman to: [T]ake charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer,...
CopyCited 2 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1419
...Smith,
124 Fla. 371 ,
168 So. 814 and Jette v. Harbison,
158 Fla. 418 ,
28 So.2d 858 are relied on to support this contention. We do not think there is any merit to this contention. At the time the contract of guaranty was executed, Chapter 21932, Acts of 1943, Section
708.08 , F.S.A....
CopyCited 2 times | Published | Supreme Court of Florida | 157 Fla. 175, 1946 Fla. LEXIS 691
to mind, and stressed by the appellant, is Section
708.08, Florida Statutes, 1941, and F.S.A., which
CopyCited 1 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 793
to Supreme Court the question of whether F.S.A. §
708.08 relieves a husband of liability for the "pure"
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24456
Article X, section 5 of the Florida Constitution, section
708.08 Florida Statutes (1981), and case law, see
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17706
holding or disposition of their property. Section 708.-08, Florida Statutes (1979), provides in relevant
CopyPublished | District Court of Appeal of Florida
married women’s transfers of personal property by Section
708.08, Fla.Stat, F.S.A., malíes her separate personal
CopyPublished | District Court of Appeal of Florida
...en joined, recover past and future out-of-pocket expenses consisting of bills for medical treatment, drugs and medical appliances which were incurred as a proximate result of defendant’s negligence. Plaintiff primarily asserts and relies upon F.S. Section 708.08, F.S.A., which she terms “The Married Woman’s Emancipation Act” as authority for her position and cites authorities from other jurisdictions....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6558
...orney Ford was taken and filed. Each party propounded interrogatories and requests for admissions. The Bank contends that the consideration for the postnuptial agreement was illusory since the husband has no right in the wife’s property under F.S. § 708.08 F.S.A....
CopyPublished | Supreme Court of Florida | 1963 Fla. LEXIS 2767
Fla.Const., Art. XI, § 1, F.S.A., and Fla.Stat. §
708.08, F.S.A., which prescribes *168the requisites of
CopyPublished | Supreme Court of Florida | 1966 Fla. LEXIS 3654
...s execution. Here we pause on the way to a solution of the crucial jurisdictional problem, to say that notwithstanding appellees’ contention in their brief that the “decree appealed from did not pass upon the validity of Section 693.01 * * * and Section 708.08, Florida Statutes [F.S.A.], but merely applied the existing law to the facts,” we have a diametrically opposite view because of the language in the decree: “The Court specifically passes upon and rej ects the attacks on the constitutionality of Sections 693.01 [sic], F.S. and Section 708.08, F.S.” To us that was sufficient to vest in this court jurisdiction of the case under Section 4 of Article V of the Constitution, F.S.A....
...s *18 session and control of the-wife’s real property, and the right to the' rents and profits thereof.” So on further reflection it now seems that Section 693.01 may have served a real purpose and not have been as ineffectual as first appeared. Section 708.08 has the same counterbalancing provision but much in the introductory provisions deals with problems unrelated to the ones facing us in this controversy and these would save it from condemnation for unconstitutionality. We are of the opinion that no error was committed by the chancellor in declining to hold invalid either Section 693.01 or Section 708.08, because we have not been convinced of their invalidity in an entirety bejrond a reasonable doubt which is the test often applied....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5257
...otice; and finally, whether the plaintiffs are estopped as against the defendants from asserting any invalidity of the deeds of conveyance from the plaintiffs to defendants’ predecessor in title. Florida Statutes 1967, § 693.01, 1 § 708.04 2 and § 708.08, 3 F.S.A., provide that a deed or real property mortgage by a married woman is not valid without the joinder of her husband....
CopyPublished | Supreme Court of Florida | 159 Fla. 378, 1947 Fla. LEXIS 788
...The wife is a necessary party to a suit brought to recover damages sustained by her growing out of personal injuries to her and for her pain and suffering caused by such injuries. *380 While it is true that a wife may maintain such suit as a sole plaintiff under the provisions of Chapter 21.932, Acts of 1943, Section 708.08, 1945 Supplement to Florida Statutes 1941 (same F.S.A.), this condition does not prevent the joinder of husband and wife in a suit of this sort....
CopyPublished | Florida 3rd District Court of Appeal | 1969 Fla. App. LEXIS 6362
...Certainly a bank making a loan to husband and wife jointly and issuing its check to them jointly need not intrude offensively into the disposition of the loan proceeds in order to make sure that a note signed by husband and wife is valid. Florida Statutes Section 708.08 (1967), F.S.A....
...without some stronger showing than that the husband later used the money loaned them jointly for his own purposes. The bank took the necessary step to place the loan proceeds in the hands of both parties. If the note it holds is invalid in this case Section 708.08 is meaningless....
...hat is. Women’s rights are accompanied by responsibilities, one of which is the payment of notes executed jointly by husband and wife, the proceeds of which are paid in good faith by the lender to both borrowers. We think this the clear meaning of Section 708.08 of our statutes....
CopyPublished | District Court of Appeal of Florida
...rate property, to contract and to be contracted with, to sue and be sued, and to sell, convey, transfer, mortgage, use and pledge her property, real and personal, and to make, execute and deliver instruments and documents of every character, * * ” Section 708.08, Florida Statutes, F.S.A....
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1283
...S.A. requires that “the husband ánd wife shall join in all sales, transfers and conveyances of the property of the wife”. No particular manner of joinder is specified by this section and whether permitted by a separate deed has not been adjudged. Section 708.08 authorized the wife to sell, convey, transfer, etc....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6899
thereof. 11 Fla.Jur. Dower § 12 (1957) and F.S. §
708.08 F.S.A. Appellant’s counsel in his brief relies
