CopyCited 231 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 19647
77e(a). Section 12(1) of the 1933 Act, 15 U.S.C. § 771(1), gives one who purchases a security sold in violation
CopyCited 172 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 24527
...In 1945, the Florida legislature abolished "the right of action heretofore existing to recover sums of money as damages for the alienation of affections, criminal conversation, seduction or breach of contract to marry." Laws 1945, c. 23138, Sec. 1, codified at Fla.Stat.Ann. Sec. 771.01 (West 1964)....
CopyCited 31 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 1046
...The sole question on this appeal is whether or not Chapter 23138, Laws of Florida, Acts of 1945 (being Chapter 771, Florida Statutes, F.S.A.) operates as a bar to a civil action for conspiracy to commit the wrongs, theretofore actionable, enumerated in said Act. Section 771.01 of the Act provides that "The rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished." In Section 7...
CopyCited 27 times | Published | Supreme Court of Florida | 1999 WL 424384
...interference with the custodial parent-child relationship are two separate torts. See Restatement (Second) of Torts §§ 699, 700 (1977). Like Florida and the other jurisdictions that have abolished cause of actions for alienation of affections, see § 771.01, Fla....
...ffections, criminal conversation, seduction, and breach of contract to marry in 1945 because the actions had been the subject of exploitation, blackmail, fraud, and other unlawful purposes. See ch. 23138, § 1 Laws of Florida (1945) (now codified at section 771.01, Florida Statutes (1997)); Liappas v....
CopyCited 17 times | Published | Florida 4th District Court of Appeal
...A fortiori would this be true when the donee not only refuses to sail with the donor, but, on the contrary, walks up the gangplank of another ship arm in arm with the donor's rival." 136 A.2d at 130. We note that some jurisdictions have held their "Heart Balm" statutes, similar to § 771.01, F.S....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...The primary one lies in the demands of public policy which require, as we see it, that domestic quarrels who did what to whom before and during a marriage should not be the subject of damage suits and jury trials. The public policy to this effect was expressed in F.S. § 771.01 et seq., which outlawed damage claims for alienation of affection or breach of contract to marry in our state....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...iff, PATRICK HARRINGTON, as spouse (and between LYNN HARRINGTON and the minor Plaintiffs as parent), essentially seeks to allege, under the guise of "intentional infliction of emotional distress", a cause of action which has been expressly barred by Section 771.01, Florida Statutes (1981): 771.01 Certain tort actions abolished The rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1997 WL 471845
...Boyd did not fulfill his promise to marry Hoffman, and after paying Hoffman a total of $13,000, stopped making support payments, thereby precipitating this action for breach of contract. By their express terms, the written contracts attached to the complaint clearly fit within the legislative prohibition of sections
771.01 and
771.04, Florida Statutes (1995). These sections abolish any cause of action for breach of a promise to marry. Section
771.01 provides: The rights of action heretofore existing to recover sums of money as damage for alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...case wherein a wife has brought an action for invasion of privacy against a husband. More important, we are in agreement with the appellee that in reality appellant's counterclaim is one for alienation of affections and as such is prohibited by F.S. § 771.01 F.S.A....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 174889
...are so peculiar that money cannot replace them. I note that one of the pieces here is what he claims to have been an engagement ring. [4] In Gill v. Shively,
320 So.2d 415 (Fla. 4th DCA 1975), we recognized that the Florida "Heart Balm" statute, now section
771.01, Florida Statutes (1991), does not preclude an action for replevin of an engagement ring....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 2465, 2001 WL 219110
...f alleges a civil conspiracy in that while K.D. lived in the Berlitz home, the Berlitzs and Herbert Hilton conspired to alienate K.D.’s affections for the Plaintiff which caused Plaintiff mental distress. • The clear language of Florida Statutes § 771.01 abolishes the claim of alienation of affections....
...for conspiracy based on such civil wrong cannot be maintained, unless the mere force of numbers, acting in unison, or other exceptional circumstances, gives rise to an independent wrong. Id. at 583. There is no Florida case creating an exception to § 771.01 for a cause of action for alienation of affections where one parent damages the other parent’s relationship with the child....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1374
...nd's allegedly fraudulent promise to live with and support wife for rest of their mutual lives fell within statute prohibiting action for breach of fraudulent promise to marry/cohabit after marriage); Mims v. Mims,
305 So.2d 787 (Fla. 4th DCA 1974) (Section
771.01, et seq., Florida Statutes, bars cause of action seeking damages where husband induced wife to marry him by fraudulent protestations of love and left her after ten days)....
CopyPublished | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 24113
...PÁTRICK HARRINGTON, as spouse (and between LYNN HARRINGTON and the minor Plaintiffs as parent), essentially seeks to allege, under the guise of “intentional infliction of emotional distress”, a cause of action which has been expressly barred by Section 771.01, Florida Statutes (1981): 771.01 Certain tort actions abolished — The rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished....
CopyPublished | Florida 1st District Court of Appeal
...right to bring a claim. Kluger,
281 So. 2d at 4; see §
823.16, Fla.
Stat. (2022). The Legislature made this showing in 1945 when it
abolished several tort actions: alienation of affections, criminal
conversation, seduction, and breach of contract to marry. See
§
771.01, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4081021, 2013 Fla. App. LEXIS 12651
...The trial court dismissed both counts, holding that any causes of action for damages arising out of an oral contract to marry are barred in Florida pursuant to Gill v. Shively,
320 So.2d 415 (Fla. 4th DCA 1975). We reverse, finding that the trial court misread Gill , which expressly stated that section
771.01, Florida Statutes, “only bars actions for damages for alienation of affections, criminal conversation, seduction, or breach of contract to marry, and does not affect the rights of parties relative to gifts passing between them.” Id. at 417 (emphasis added). Accordingly, section
771.01, Florida Statutes (2009), does not bar Chubb Indemnity’s claims for negligence and breach of bailment....
