Sleeter v. Collins, 621 So. 2d 1096

PER CURIAM.

The trial court granted summary judgment against the estate of a deceased wife on its claim against her surviving husband for negligence in the operation of an automobile causing her death. The court decided that interspousal immunity bars the claim. In its initial brief, the estate cites the recent supreme court decision in Waite v. Waite, 618 So.2d 1360 (Fla.1993), in which the court decided that this form of immunity from civil liability is no longer part of Florida’s common law. In response to this brief, the surviving husband has filed a concession of error.

After reviewing the record and the Waite decision, we accept the concession. The summary judgment barring the claim on interspousal immunity grounds is reversed and the case remanded to the trial court for further proceedings.

REVERSED.

DELL, C.J., FARMER, J., and DOWNEY, JAMES C., Senior Judge, concur.

Case Details

Case Name: Sleeter v. Collins

Court Name: District Court of Appeal of Florida

Date Published: Aug 11, 1993

Citations: 621 So. 2d 1096; 1993 Fla. App. LEXIS 8347; 1993 WL 302672; No. 93-1282

Docket Number: No. 93-1282

Court Abbreviation: Fla. Dist. Ct. App.