Burgess v. Burgess

WIGGINTON, Judge.

Appellant, Mrs. Burgess, appeals from the order of the trial court reluctantly dismissing her cause of action for civil damages brought under Section 934.10, Florida Statutes (1979), as being precluded by Raisen v. Raisen, 379 So.2d 352 (Fla.1979) and the doctrine of interspousal tort immunity.

In 1979, Mr. Burgess filed his complaint for dissolution of marriage in which he stated “the marriage was irretrievably broken.” While he and Mrs. Burgess were separated pending final dissolution, Mr. Burgess allegedly stole into the family home, climbed into the attic and spliced an…