Smith v. Somera

389 So. 2d 1080, 1980 Fla. App. LEXIS 18023
District Court of Appeal of Florida·Decided November 4, 1980·No. No. 80-242·Published·Cited by 1 cases

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.

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

389 So. 2d 1080 (Smith v. Somera) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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