Opinion

Drake ex rel. Fletcher v. Island Community Church, Inc.

  • 9 Fla. L. Weekly 2076
  • 462 So. 2d 1142
  • 23 Educ. L. Rep. 416
  • 1984 Fla. App. LEXIS 15165
Court
District Court of Appeal of Florida
Filed
Sep 25, 1984
Status
Published
On the bench
Bark, Barkdull, Baskin, Dull, Ferguson, Hendry, Hubbart, Jorgenson, Nesbitt, Pearson, Schwartz
Cited by
14 cases

holding that in breach of contract action brought by mother and minor child against private school, statute of limitations did not begin on mother's claim until she learned of her child’s sexual abuse by a teacher and was thereby put on notice of her right of action, and that statute did not begin to run against minor child until the mother knew or reasonably should have known of facts which supported the child's cause of action

How later courts described this case

  • holding that in breach of contract action brought by mother and minor child against private school, statute of limitations did not begin on mother's claim until she learned of her child’s sexual abuse by a teacher and was thereby put on notice of her right of action, and that statute did not begin to run against minor child until the mother knew or reasonably should have known of facts which supported the child's cause of action
  • holding that minor’s negligence claim does not accrue until an adult capable of bringing the action knows of the invasion of the minor’s legal rights

Written by the judges who cited it.

The opinion

On Motion for Rehearing

PER CURIAM.

Appellee’s motion for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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