Wednesday, December 8, 1999
Gary Herzfeld v. Frank Herzfeld

No. 95,045

Dade County


In 1988 at age 13, Frank Herzfeld was placed as a foster child with Gary Herzfeld, who adopted him 3 years later. In 1997 Frank sued his adoptive father on claims stemming from alleged sexual molestation. The adoptive father moved to dismiss the suit based on the common law doctrine of parental immunity, which prohibited children from suing parents. The trial court agreed, but the Third District Court reversed.