Florida District Courts of Appeal, 1980

Smith v. Somera

Smith v. Somera
Florida District Courts of Appeal · Decided November 4, 1980 · Barkdull, Hendry, Schwartz
389 So. 2d 1080; 1980 Fla. App. LEXIS 18023 (Southern Reporter, Second Series)

Smith v. Somera

Opinion of the Court

PER CURIAM.

The lower court granted final summary judgment adverse to plaintiff below on the ground that the interfamilial immunity doctrine prohibited suit against plaintiff’s sister.

Appellee has not pointed to a single Florida (or any other) decision applying the doctrine in suits between adult siblings; arguments for application sub judice are negatived by reference to the Restatement (Second) of Torts § 895H, Comment c (1977), and to those cases collected at 81 A.L.R.2d 1155.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.