HERZFELD v. HERZFELD

No. 98-362.

732 So.2d 1102 (1999)

Frank HERZFELD, Appellant, v. Gary HERZFELD, Appellee,

District Court of Appeal of Florida, Third District.

February 10, 1999.


Attorney(s) appearing for the Case

Douglas P. Johnson, and David C. Rash, Fort Lauderdale, for appellant.

Hughes Hubard & Reed, and Sharon L. Kegerreis, Miami, for appellee.

Before JORGENSON, LEVY, and GERSTEN, JJ.


GERSTEN, J.

Frank Herzfeld ("plaintiff") appeals two trial court orders granting his adoptive father's ("defendant") motions to dismiss and for summary judgment on parental immunity grounds. We hold that the parental immunity doctrine does not bar the action by the minor child against his parent for damages arising from sexual abuse, and therefore reverse.

The plaintiff was placed in the defendant's care as a foster child in 1988. The defendant adopted the...

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