Angela Dorothy Gaston v. John Pittman

Appellant instituted this Florida diversity action seeking to recover damages against her former husband for a tort committed by him prior to their marriage. The United States District Court, 285 F.Supp. 645, dismissed the complaint on the ground that appellant’s action had been extinguished upon her marriage to the defendant-appellee. On appeal, this Court, pursuant to § 25.031 Florida Statutes 1959, F.S.A., and Rule 4.61, Florida Appellate Rules, 32 F.S.A., certified to the Supreme Court of Florida the following question:

“Whether under Florida law a divorced woman can maintain an action…