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Fleming v. Fleming

The doctrine of interspousal immunity did not preclude plaintiff's claims against her ex-husband for converting her stock certificates while their divorce action was pending.

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Mary Ellen Fleming appeals the trial court’s dismissal of part of her complaint. She contends that the trial court erred by finding that she could not proceed against her former husband on claims relating to his conversion of stock certificates owned solely in her name. We agree and reverse.

Mary Ellen Fleming filed a complaint for divorce against John Van Fleming. While the divorce action was pending, she discovered that he had forged her name to certain stock certificates and, without her knowledge or consent, redeemed them, and pocketed the money for himself.1 She then amended the divorce action to add a second count to recover damages including punitive damages based on John Fleming’s purported commission of theft, forgery, and conversion. The trial court ordered the bifurcation of the action and ruled that the divorce action would be tried first. The court reserved deciding whether SunTrust Bank could be added as a party defendant.

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