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CONCEPCION v. ARCHDIOCESE OF MIAMI

No. 96-2145.

693 So.2d 1103 (1997)

Juan CONCEPCION, a minor, By and Through his father, Juan CONCEPCION, Sr., and Juan Concepcion, Sr. individually, Appellant, v. The ARCHDIOCESE OF MIAMI, By and Through Edward McCARTHY and Marist Brothers Of The Schools, Inc., d/b/a Christopher Columbus High School, Appellees.

District Court of Appeal of Florida, Third District.

May 21, 1997.

Attorney(s) appearing for the Case

Klemick and Gampel, P.A. and Ross Bennett Gampel, Miami, for appellant.

Fitzgerald & Portuondo, P.A., and J. Michael Fitzgerald, Miami, and Roberto J. Diaz, and Ofelia Damas-Rodriguez, Miami, for appellee, The Archdiocese of Miami.

O'Connor & Meyers, P.A. and Ofelia Damas-Rodriguez, Coral Gables, for appellee, Marist Brothers of the Schools, Inc., d/b/a Christopher Columbus High School.

Before LEVY, GREEN and SHEVIN, JJ.

GREEN, Judge.

The sole issue for our determination on this appeal is whether a school and/or its administrators owe a duty of supervision to students during non-school hours when the students are not on the school's premises and not otherwise involved in school related or sponsored activities. We conclude that no such duty is owed as a matter of law and affirm the summary judgment entered in favor of the appellees.

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