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Denault v. Denault

District Court of Appeal of Florida, Fourth District
Mar 14, 1969
220 So. 2d 27 (Fla. Dist. Ct. App. 1969)

Opinion

No. 1883.

March 14, 1969.

Appeal from the Circuit Court for Broward County, O. Edgar Williams, Jr., J.

Larry S. Stewart, of Frates, Fay, Floyd Pearson, Miami, for appellant.

Cecyl L. Pickle, of Knight, Underwood, Peters, Hoeveler Pickle, Miami, for appellee Denault.


This is an appeal from an order dismissing a complaint in a negligence action.

There was a collision between motor vehicles. An unemancipated minor was a passenger in one of the vehicles which was being operated by the minor's mother. The minor suffered personal injuries. The minor sued her mother for damages alleging simple and gross negligence on the part of her mother. The complaint was dismissed as to the mother on the basis of parental immunity.

A great deal has been written, pro and con, on the subject of tort actions by unemancipated minors against their parents. See 19 A.L.R.2d 423. We doubt that we can add anything to it. Suffice it to say that the issue has been previously determined in Florida and we are in nowise persuaded that Florida's rule is wrong or that it should be abrogated. We affirm upon authority of Meehan v. Meehan, Fla.App. 1961, 133 So.2d 776; Rickard v. Rickard, Fla.App. 1967, 203 So.2d 7.

Affirmed.

WALDEN, C.J., McCAIN, J., and TROWBRIDGE, C. PFEIFFER, Associate Judge, concur.


Summaries of

Denault v. Denault

District Court of Appeal of Florida, Fourth District
Mar 14, 1969
220 So. 2d 27 (Fla. Dist. Ct. App. 1969)
Case details for

Denault v. Denault

Case Details

Full title:CAROLE DENAULT, A MINOR, BY AND THROUGH THE DEERFIELD BEACH BANK AND TRUST…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 14, 1969

Citations

220 So. 2d 27 (Fla. Dist. Ct. App. 1969)

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