R.R. AND S.B., APPELLANTS,
v.
NEW LIFE COMMUNITY CHURCH OF CMA, INC., PRISCILLA HEFFIELD, RON HEFFIELD, DANIEL HEFFIELD, CHRISTIAN AND MISSIONARY ALLIANCE, INC., ET AL., APPELLEES.
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Court affirmed summary judgment dismissing child sexual abuse negligence and respondeat superior claims as time-barred under Florida's four-year statute of limitations, while certifying conflict with other district courts on the applicable limitations period.
Claims for negligence and respondeat superior in child sexual abuse cases are time-barred by the four-year statute of limitations in section 95.11(3)(a), (p), Florida Statutes (1996).
[1] Negligence and respondeat superior claims arising from child sexual abuse are subject to the four-year statute of limitations under section 95.11(3)(a), (p), Florida Stat…
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Join FLexlaw to unlock all legal intelligenceR.R. and S.B. brought negligence and respondeat superior claims against parents and an employer arising from alleged child sexual abuse.…
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R.R. and S.B. appeal the partial summary judgment on their negligence and respondeat superior claims against the parents and employer of the alleged abuser in this child sexual abuse case. We are compelled to affirm because the claims were time-barred by the four-year statute of limitations outlined in section 95.11(3)(a), (p), Florida Statutes (1996). In reaching this conclusion,1 we align ourselves with the Second District in D.H. ex rel. R.H. v. Adept Community Services, Inc., 217 So.3d 1072, 1077-80 (Fla. 2d DCA 2017), and certify conflict with *233Doe v. Nur-Ul-Islam Academy, Inc., 217 So.3d 85, 90 (Fla. 4th DCA 2017), and Drake ex rel. Fletcher v. Island Community Church, Inc., 462 So.2d 1142, 1144 (Fla. 3d DCA 1984). We recognize that the Florida Supreme Court has accepted jurisdiction to review the conflict between the holding in D.H. and the holdings in Nur-Ul-Islam Academy and Drake. See D.H. v. Adept Cmty. Servs., Inc., No. SC17-829, 2017 WL 4325848, at *1 (Fla. Sept. 29, 2017).
AFFIRMED and CONFLICT CERTIFIED.
TORPY, BERGER and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- D.H. and L.H. v. Adept Cmty. Servs., Inc., 217 So. 3d 1072 (Fla. 2d DCA 2017)
- Drake v. Island Cmty. Church, Inc., 462 So. 2d 1142 (Fla. 3d DCA 1984)
- Jane DOE NO. 3 v. Nur-Ul-Islam Acad., Inc., 217 So. 3d 85 (Fla. 4th DCA 2017)