Herzfeld v. Herzfeld

781 So. 2d 1070 (2001)

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Herzfeld v. Herzfeld

Supreme Court of Florida
781 So. 2d 1070 (2001)

SC

Facts

Frank Herzfeld (plaintiff) claimed that he was sexually abused by his adoptive father, Gary Herzfeld (defendant). Frank brought a civil suit against Gary for the intentional tort of sexual abuse. Gary filed a motion to dismiss based on the parental-immunity doctrine. The trial court granted Gary’s motion to dismiss. The appellate court reversed, finding that public policy did not justify the parental-immunity doctrine in this case. Gary appealed.

Rule of Law

Issue

Holding and Reasoning (Anstead, J.)

Dissent (Wells, C.J.)

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Casebooks

Family Law
Torts

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