Smith v. Somera

District Court of Appeal of Florida

Smith v. Somera

389 So. 2d 1080, 1980 Fla. App. LEXIS 18023

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 1980

DocketNo. 80-242

StatusPublished

Cited by1 cases

This text of 389 So. 2d 1080 (Smith v. Somera) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Somera, 389 So. 2d 1080, 1980 Fla. App. LEXIS 18023 (Fla. Ct. App. 1980).

Pincite

Opinion

PER CURIAM.

The lower court granted final summary judgment adverse to plaintiff below on the ground that the interfamilial immunity doctrine prohibited suit against plaintiff’s sister.

Appellee has not pointed to a single Florida (or any other) decision applying the doctrine in suits between adult siblings; arguments for application sub judice are negatived by reference to the Restatement (Second) of Torts § 895H, Comment c (1977), and to those cases collected at 81 A.L.R.2d 1155.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The lower court granted final summary judgment adverse to plaintiff below on the ground that the interfamilial immunity doctrine prohibited suit against plaintiff’s sister.

Appellee has not pointed to a single Florida (or any other) decision applying the doctrine in suits between adult siblings; arguments for application sub judice are negatived by reference to the Restatement (Second) of Torts § 895H, Comment c (1977), and to those cases collected at 81 A.L.R.2d 1155.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

389 So. 2d 1080, 1980 Fla. App. LEXIS 18023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-somera-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack