SMITH v. SOMERA

No. 80-242.

389 So.2d 1080 (1980)

Kimberly S. SMITH, etc., Appellant, v. Isabel SOMERA, Marietta Somera and Sussex Mutual Insurance Co., Appellees.

District Court of Appeal of Florida, Third District.

November 4, 1980.


Attorney(s) appearing for the Case

Daniels & Hicks and Sam Daniels, Miami, Savitt, Kotzen & France, North Miami Beach, for appellant.

Lee, Schulte, Murphy & Coe and Jack M. Coe, Jupiter, for appellees.

Before BARKDULL, HENDRY and SCHWARTZ, JJ.


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 §...

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