Villegas v. Villegas

District Court of Appeal of Florida

Villegas v. Villegas

696 So. 2d 380, 1997 Fla. App. LEXIS 4979, 1997 WL 231541

District Court of Appeal of Florida·Decided May 9, 1997·No. No. 96-2773·Published·Cited by 1 cases

Opinions

THOMPSON, Judge.

We affirm the final summary judgment. See Snow v. Nelson, 475 So.2d 225 (Fla.1985); Carey v. Reeve, 56 Wash.App. 18, 781 P.2d 904, 908 (1989) (‘Whether the duty owed by the [grandparents] to third parties was either as parents, standing in loco parentis; a duty created by Restatement (Second) of Torts § 316 [parent’s duty to control child’s conduct]; a ‘special relationship’ duty created by Restatement (Second) of Torts § 315; or even under a duty because they voluntarily assumed responsibility for the child, the standard is the same.”)

AFFIRMED.

PETERSON, C.J., concurs. DAUKSCH, J., dissents with opinion.

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THOMPSON, Judge.

We affirm the final summary judgment. See Snow v. Nelson, 475 So.2d 225 (Fla.1985); Carey v. Reeve, 56 Wash.App. 18, 781 P.2d 904, 908 (1989) (‘Whether the duty owed by the [grandparents] to third parties was either as parents, standing in loco parentis; a duty created by Restatement (Second) of Torts § 316 [parent’s duty to control child’s conduct]; a ‘special relationship’ duty created by Restatement (Second) of Torts § 315; or even under a duty because they voluntarily assumed responsibility for the child, the standard is the same.”)

AFFIRMED.

PETERSON, C.J., concurs. DAUKSCH, J., dissents with opinion.

Villegas v. Villegas, 696 So. 2d 380, 1997 Fla. App. LEXIS 4979, 1997 WL 231541 (Fla. Ct. App. 1997).

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