ELDERS v. THE UNITED METHODIST CHURCH

No. 3D98-2701.

793 So.2d 1038 (2001)

Jeanne ELDERS Dewaard and Ronald Dewaard, Appellants, v. THE UNITED METHODIST CHURCH, by and through its Florida Conference, St. John's on the Lake United Methodist Church, James F. Jennings, David T. Brewer and Lex Rivers, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 7, 2001.


Attorney(s) appearing for the Case

Roy D. Wasson, Miami, for appellants.

Sellars, Marion & Bachi and Bard D. Rockenbach and Daniel M. Bachi, West Palm Beach; Rumberger, Kirk & Caldwell and Lori A. Brown and George N. Meros, Jr., and Chanta G. Hundley, Tallahassee, for appellees.

Before COPE, SHEVIN and SORONDO, JJ.


COPE, J.

Jeanne Elders Dewaard and Ronald Dewaard appeal an order dismissing their negligence action with prejudice. We affirm in part and reverse in part.

I.

The Dewaards attended the St. John's on the Lake United Methodist Church ("St. John's") where Mrs. Dewaard sought marital counseling from the minister, Lex Rivers. The plaintiffs allege that Pastor Rivers induced Mrs. Dewaard into a sexual relationship with him, in breach of the duty a counselor...

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