Opinion
No. 80-242.
November 4, 1980.
Appeal from the Circuit Court for Dade County, James H. Earnest, J.
Daniels Hicks and Sam Daniels, Miami, Savitt, Kotzen France, North Miami Beach, for appellant.
Lee, Schulte, Murphy Coe and Jack M. Coe, Jupiter, for appellees.
Before BARKDULL, HENDRY and SCHWARTZ, JJ.
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.