Legal Question in Civil Litigation in Florida

other woman

is it possible to sue for mental destress .in florida


Asked on 11/14/07, 11:40 am

2 Answers from Attorneys

Edward J. Chandler Law Office of Edward J. Chandler, P.A.

Re: other woman

If there was negligence, causation, breach of duty, foreseeability and you are permanently injured, this may be part of your overall damages in a personal injury lawsuit.

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Answered on 11/14/07, 11:45 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: other woman

With due respect to Mr. Chandler, I think he is wrong.

From your subject and question I assume that you want to sue a woman who was having an affair or otherwise sexually or emotionally involved with your husband or boyfriend. ManyIn 1945, Florida abolished the ability to sue for such actions. Section 771.01, Florida Statutes, 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.

You can also see the following cases: Harrington By and Through Harrington v. Pages, 440 So.2d 521 (Fla. 4th DCA 1983); Davis v. Hilton, 780 So.2d 974 (Fla. 4th DCA 2001); De La Portilla v. De La Portilla, 287 So.2d 345 (Fla. 3rd DCA 1973).

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Answered on 11/14/07, 1:19 pm


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