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STATE, DEPT. OF H & R SERVICES v. L.N.

No. 92-1615.

624 So.2d 280 (1993)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. L.N., a Minor, by and through His Natural Grandmother and Next Friend, Hilda Negron, and B.L., a Minor, By and Through her guardian and Next friend, Robin Faber, and Robin Faber, as guardian, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 25, 1993.

Attorney(s) appearing for the Case

Papy and Weissenborn and Charles Papy and Sheridan K. Weissenborn, Miami, for appellant.

Roy D. Wasson and Mark D. Swanson, Miami, for appellees.

P. Scott Russell, IV, Jacksonville, for amicus curiae Academy of Florida Trial Lawyers.

Before SCHWARTZ, C.J., and BARKDULL and COPE, JJ.

PER CURIAM.

The Florida Department of Health and Rehabilitative Services ("HRS") appeals adverse judgments for damages. We reverse.

Lawsuits were brought on behalf of minor plaintiffs L.N. and B.L. against HRS for negligence. Plaintiffs' main contention was that HRS' negligence allowed them to be subjected to sexual abuse by an older sibling. Relying on Department of Health & Rehabilitative Services v. Yamuni, 529 So.2d 258

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