Harrington By and Through Harrington v. Pages, 83-375
| Decision Date | 16 November 1983 |
| Docket Number | No. 83-375,83-375 |
| Parties | Casey HARRINGTON and Ryan Harrington, minors, by and through their father and next friend, Patrick HARRINGTON, and Patrick Harrington, individually, Appellants, v. Beltran J. PAGES, Appellee. |
| Court | Florida District Court of Appeals |
Edward F. O'Connor of O'Connor, Baylor, Callas & Elliott, Palm Beach Gardens, for appellants.
Robert M. Klein of Stephens, Lynn Chernay & Klein, Miami, and Debra Levy Neimark of Stephens, Lynn, Chernay & Klein, West Palm Beach, for appellee.
Affirmed. We specifically reject appellants' claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct by physicians, intended an exception to the statute barring claims for alienation of affection. We affirm the trial court's order dismissing appellants' complaint and do so for substantially the same reasons set out in the trial judge's written order:
Accepting the viability of such a cause of action does not, however, give solace to the Plaintiffs in this case for three separate and distinct reasons, any one of which standing alone is sufficient to preclude the Complaint in this case from alleging a valid cause of action.
In the first place, the conduct alleged to be extreme and outrageous was directed toward and against the person of LYNN HARRINGTON only. In Habelow v. Travelers Insurance Company, 389 So.2d 218 (Fla. 5th DCA, 1980), the court stated, at Page 220:
But LYNN HARRINGTON who could have complained of the alleged outrageous conduct has not done so. Had she done so, Plaintiff PATRICK HARRINGTON at most would have had a spousal derivative claim. See Food Fair, Inc. v. Anderson, [382 So.2d 150 (Fla. 5th DCA 1980) ].
In the second place, the conduct of the Defendant alleged to be outrageous, and the extreme emotional distress which Plaintiffs alleged to have incurred as a result of that conduct, are the direct result of the deterioration and ultimate dissolution of the marriage. Thus, the Plaintiff's Complaint, because of the relationship between LYNN HARRINGTON and the Plaintiff, PATRICK HARRINGTON, as spouse (and between LYNN HARRINGTON and the minor Plaintiffs as parent), essentially seeks to allege, under...
To continue reading
Request your trial
-
Miller v. Ratner
...Lund v. Caple, 100 Wash.2d 739, 675 P.2d 226 (1984); Arnac v. Wright, 163 Ga.App. 33, 292 S.E.2d 440 (1982); Harrington v. Pages, 440 So.2d 521 (Fla.Dist.Ct.App.1983). Gasper, 73 Md.App. at 372, 533 A.2d 1358. After disposing of several of the counts, we looked at the real basis for the pro......
-
McDougald v. Jenson
...at Fla.Stat.Ann. Sec. 771.01 (West 1964). This statute has been construed broadly by the Florida courts. See, e.g., Harrington v. Pages, 440 So.2d 521 (Fla.App.1983); De la Portilla v. De la Portilla, 287 So.2d 345 (Fla.App.1973), cert. denied, 295 So.2d 304 (Fla.1974). One court recently s......
-
Williams v. City of Minneola
...relatives. See M.M. v. M.P.S., 556 So.2d 1140 (Fla. 3d DCA 1989), rev. den., 569 So.2d 1279 (Fla.1990); Harrington By and Through Harrington v. Pages, 440 So.2d 521 (Fla. 4th DCA 1983); Habelow v. Travelers Insurance Co., 389 So.2d 218 (Fla. 5th DCA 1980). Those opinions did not concern dea......
-
Hanover v. Ruch
...Del.Code Ann. tit. 10, Sec. 3924 (1974); D.C.Code Ann. Sec. 16-923 (1981); Fla.Stat.Ann. Sec. 771.01 (West 1964); Harrington v. Pages, 440 So.2d 521, 522 (Fla.App.1983); Ga.Code Ann. Sec. 51-1-17 (1982); Hyman v. Moldovan, 305 S.E.2d 648, 166 Ga.App. 891 (Ga.App.1983); Bilyk v. Chicago Tran......