ALVIN F. FRAZIER, PATRICIA N. FRAZIER, AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLANTS,
v.
MICHAEL J. SCHNAEDELBACH, A MINOR, BY AND THROUGH HIS FATHER AND NEXT FRIEND, MICHAEL SCHNAEDELBACH AND MICHAEL SCHNAEDELBACH, INDIVIDUALLY, APPELLEES

Fla. 3d DCA | 1981-03-03
No. 80-1880
Before BARKDULL, SCHWARTZ and NESBITT, JJ.
394 So. 2d 562 Florida District Court of Appeal, Third District (1981) Negative Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court granted a motion to dismiss a third-party complaint finding no cause of action because of the doctrine of intra-family immunity.

We reverse upon the reasoning contained in Quest v. Joseph, 392 So. 2d 256 (Fla. 3d DCA 1981), opinion filed January 7, 1981, and remand the case to the trial court for further proceedings.

Reversed and remanded with directions.


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  • Schnaedelbach v. Frazier, 413 So. 2d 1187 (Fla. 1982)
    …PER CURIAM. On the basis of Joseph v. Quest, 414 So. 2d 1063, (Fla.1982), Frazier v. Schnaedelbach, 394 So. 2d 562 (Fla. 3d DCA 1981), is quashed and remanded for proceedings consistent with that decision. It is so ordered. SUNDBERG, C. J., and ADKINS, OVER-TON and MeDONALD, JJ., concur. BOYD and ALDERMAN, JJ., dissent.…
  • Frazier v. Schnaedelbach, 415 So. 2d 835 (Fla. 3d DCA 1982)
    …PER CURIAM. WHEREAS, the judgment of this court was entered on March 3, 1981, (394 So. 2d 562) reversed and remanded the order of the Circuit Court of Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed April 29, 1982…

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