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

> District Court of Appeal of Florida · September 25, 1984 · 9 Fla. L. Weekly 2076

URL: https://www.frixlaw.com/law-library/cases/7539067

## Case

- **Full name:** Deborah Jean DRAKE, a minor By and Through her mother and natural guardian, Barbara J. FLETCHER, and Barbara J. Fletcher, individually v. ISLAND COMMUNITY CHURCH, INC., d/b/a Island Christian School, a Florida Private School
- **Court:** District Court of Appeal of Florida
- **Decided:** September 25, 1984
- **Citations:** 9 Fla. L. Weekly 2076; 462 So. 2d 1142; 23 Educ. L. Rep. 416; 1984 Fla. App. LEXIS 15165
- **Precedential status:** Published
- **Opinion:** Dissent by Schwartz
- **Judges:** Bark, Barkdull, Baskin, Dull, Ferguson, Hendry, Hubbart, Jorgenson, Nesbitt, Pearson, Schwartz
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7539067

## How later opinions describe it (automated extraction)

- 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 …
- 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

## Opinion text

SCHWARTZ, Chief Judge
(dissenting).
In my judgment, the panel decision— which essentially holds that, uniquely in the case of a tort committed against a minor, the statute of limitations runs only when someone else, namely her parents, becomes or should have become aware of its commission — is directly contrary to Velazquez v. Metropolitan Dade County, 442 So.2d 1036 (Fla. 3d DCA 1983). In that case we held, in accordance with Slaughter v. Tyler, 126 Fla. 515 , 171 So. 320 (1936), and Sec. 95.051(2), Fla.Stat. (1981) 1 that the statute is not subject to a special tolling doctrine merely because a child is involved.
Since a three-judge panel is not authorized to depart from a prior panel opinion, In re Rule 9.331, 416 So.2d 1127, 1128 (Fla.1982), I think that determination of this case by the court en banc is required. And since, in turn, district courts of appeal are bound by controlling expressions of the supreme court and the legislature, I would affirm the judgment below.
BARKDULL and DANIEL S. PEARSON, JJ., concur.
. No disability or other reason shall toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7539067. Public record. Not legal advice.