R.R. v. New Life Cmty. Church of CMA, Inc., 248 So. 3d 232 (2018)

May 18, 2018 · District Court of Appeal of Florida, Fifth District · Case No. 5D16–4148
248 So. 3d 232

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.

Case No. 5D16-4148

District Court of Appeal of Florida, Fifth District.

Opinion filed May 18, 2018

Susan W. Fox, of Fox & Loquasto, P.A., Orlando, Wendy S. Loquasto, of Fox & Loquasto, P.A., Tallahassee, Griffith J. Winthrop, III, of Alvarez, Winthrop, Thompson & Storey, P.A., Orlando, and John K. Overchuck, of Overchuck Law Firm, Orlando, for Appellants.

David J. Pascuzzi and Steven G. Schwartz, of The Schwartz Law Group, Boca Raton, for Appellees, New Life Community Church of CMA, Inc. and Ron Heffield.

Scott A. Cole and Melinda S. Thornton, of Cole, Scott & Kissane, P.A., Miami, for Appellee, Priscilla Heffield.

Michael R. D'Lugo, of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Appellee, The Christian and Missionary Alliance, Inc.

Michael A. Sastre and Christian M. Leger, of GrayRobinson, P.A., Miami, for Appellee, The Southeastern District of the Christian and Missionary Alliance.

No Appearance for other Appellees.

PER CURIAM.

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.