Rubio v. Archdiocese of Miami, Inc.
114 So. 3d 279
| Fla. Dist. Ct. App. | 2013Background
- Rubio sued the Archdiocese of Miami for negligence and vicarious liability over alleged child sexual abuse by a parish priest; suit filed ~35 years after the abuse ended.
- The abuse occurred 1976–1977; the abuser was Francisco Carrera, employed by the Archdiocese.
- The Archdiocese allegedly knew of Carrera’s prior misconduct but transferred him rather than reporting; conduct described as a systemic cover‑up.
- The amended complaint alleges negligent hiring/retention and vicarious liability for Carrera’s acts.
- The trial court dismissed the complaint with prejudice on statute‑of‑limitations grounds; Rubio appeals.
- The applicable statute of limitations is four years; Rubio seeks equitable estoppel to toll the period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable Estoppel tolls the statute of limitations | Rubio argues Archdiocese concealed facts to induce delay | Archdiocese argues no facts show inducement by Archdiocese | Equitable estoppel does not apply |
| Whether SAP extends equitable estoppel in this context | Rubio relies on SAP to toll due to state concealment | Archdiocese not in SAP‑like guardian role; no tolling facts | SAP not extendable to these facts |
| Whether fiduciary duties create a basis for equitable estoppel | Rubio asserts fiduciary relationship supports estoppel | Archdiocese’s alleged failure to report is not shown to induce delay | No basis for equitable estoppel from fiduciary duty |
Key Cases Cited
- Major League Baseball v. Morsani, 790 So.2d 1071 (Fla. 2001) (estoppel requires wrongful conduct inducing forbearance)
- John Doe No. 23 v. Archdiocese of Miami, Inc., 965 So.2d 1186 (Fla. 4th DCA 2007) (equitable estoppel not available where plaintiff knew abuser and archdiocese; no inducement shown)
- Florida Dep't of Health & Rehabilitative Servs. v. S.A.P., 835 So.2d 1091 (Fla. 2002) (equitable estoppel tolling where state concealed abuse and plaintiff timely sued after disclosure)
- Ryan v. Lobo De Gonzalez, 921 So.2d 572 (Fla.2005) (dissent endorses narrow reading of SAP in unique facts)