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PAPY v. FRISCHKORN

District Court of Appeal of Florida, Third District
May 18, 1970
234 So. 2d 718 (Fla. Dist. Ct. App. 1970)

Opinion

No. 69-496.

April 28, 1970. Rehearing Denied May 18, 1970.

Appeal from the Circuit Court for Dade County, Milton A. Friedman, J.

Heiman Crary, Orlando, for appellant.

Smathers Thompson and Earl D. Waldin, Jr., Miami, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL, and HENDRY, JJ.


Appellant, the former wife of the appellee, sued him in the circuit court for damages arising out of slander and other torts which she alleged appellee committed against her while they were technically husband and wife but after they were separated and divorce proceedings were pending. Appellant's amended complaint was dismissed by the trial court, without leave to amend. Appellant seeks reversal of that judgment of dismissal.

We think the trial judge was correct in dismissing the amended complaint but solely for the reason that it failed to state a cause of action because the matters complained of occurred during coverture. Bencomo v. Bencomo, Fla. 1967, 200 So.2d 171.

Affirmed.


Summaries of

PAPY v. FRISCHKORN

District Court of Appeal of Florida, Third District
May 18, 1970
234 So. 2d 718 (Fla. Dist. Ct. App. 1970)
Case details for

PAPY v. FRISCHKORN

Case Details

Full title:THOMASINE GRIGGS PAPY, FORMERLY THOMASINE G. FRISCHKORN, APPELLANT, v…

Court:District Court of Appeal of Florida, Third District

Date published: May 18, 1970

Citations

234 So. 2d 718 (Fla. Dist. Ct. App. 1970)

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