Florida/Georgia Personal Injury & Workers Compensation

...aid 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 771.04 it is provided that "No act hereafter done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this law." It is also provided, in Section 771.08, that the law "...

...However, until marriage, neither party has a legal right to anything from the other, and so when the injury occurs before marriage there are no rights with which the injury can interfere. In Florida, as in most jurisdictions, one cannot sue upon a breach of promise to marry. § 771.04, Fla....

...otal 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. Section 771.04 solely addresses contracts to marry: No contract to marry hereafter made or entered into in this state shall operate to give rise, either within or without this state, to any cause or right of action for the breach thereof....

...[3] In concluding that the statutory power of a trial court to consider "any other factor necessary to do equity and justice between the parties" was not intended to encompass consideration of premarital sacrifices, the Duttenhofer court purported to reason by analogy from section 771.04, Florida Statutes (1983), which abolished a cause of action for breach of promise to marry. Section 771.04 bars a cause of action where a prospective spouse abandons the marriage plan before consummation....

...that to impose upon the appellee the obligation to pay these benefits not only would deter remarriage, but unfairly create for the parties an antenuptial agreement without the assent of one of the parties. [5] Florida's "heart balm" legislation, see § 771.04, Fla....

...(1983), [6] which abolished, inter alia, the cause of action for breach of promise to marry, [7] lends further support *255 for precluding the trial court from considering the appellant's forfeited Delta pension in making the award of alimony. Before the enactment of Section 771.04, damages recoverable for breach of promise to marry included loss of financial or social benefits which would have accrued to plaintiff upon marriage, business losses and expenses incurred in preparation for the marriage, as well as lo...

...at 402, the theory and gravamen of the action is the same whether or not a marriage actually occurred. Thus, the appellant's effort to recover her terminated widow's benefits, in effect a claim for loss of future support, if brought as an independent action, would likely be outlawed by Section 771.04, Florida Statutes (1983), even though the marriage took place....

...pining that it did not appear that wife in agreeing to matrimony did so in such a way as to make her acquiescence an acceptance of any offer husband might have made other than that of marriage. See Hendrie v. Hendrie, 94 F.2d 534 (5th Cir.1938). [6] Section 771.04, Florida Statutes (1983), states: "No act hereafter done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this law....