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TUBELL v. DADE COUNTY PUBLIC SCHOOLS

No. 81-2309.

419 So.2d 388 (1982)

Errol G. TUBELL, Emile J. Tubell and Virginia Tubell, Appellants, v. DADE COUNTY PUBLIC SCHOOLS, Appellee.

District Court of Appeal of Florida, Third District.

September 14, 1982.

Attorney(s) appearing for the Case

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Louise H. McMurray and Susan J. Cole, Miami, for appellants.

Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs and Stephen Stieglitz, Miami, for appellee.

Before BARKDULL, HENDRY and BASKIN, JJ.

PER CURIAM.

Should a cause of action for "educational malpractice" be recognized in the State of Florida? The trial court answered this in the negative by entering a final summary judgment adverse to the plaintiff-appellants herein. We agree and affirm.

The basis of the plaintiff's complaint1 was a mistesting and misclassification resulting in the minor plaintiff being placed in an improper special educational program for a number...

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