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Bailey v. Richardson

District Court of Appeal of Florida, First District
Jan 24, 1986
481 So. 2d 40 (Fla. Dist. Ct. App. 1986)

Opinion

No. BE-364.

December 18, 1985. Rehearing Denied January 24, 1986.

Appeal from the Circuit Court for Leon County; Victor M. Cawthon, Judge.

Howell L. Ferguson, Tallahassee, for appellant/cross-appellee.

William H. Branch, Susan S. Thompson, Joseph R. Boyd of Boyd, Thompson Williams, Tallahassee and Chriss Walker, Dept. of Health and Rehabilitative Services, Tallahassee, for appellees/cross-appellants.


Bailey, the putative father, appeals from a final order adjudicating paternity. We affirm, finding there is competent, substantial evidence to support paternity.

In the case at bar, the HLA test indicated a 99.47% probability of paternity. Although there were many inconsistencies and contradictions in appellee Richardson's testimony, there was no real dispute as to exclusive access during the relevant period. Based on the foregoing, we conclude, as did the Texas Court of Appeals In re E.G.M., 647 S.W.2d 74, 79 (Texas Ct.App. 1983), that a "high probability of paternity can amount to strong corroboration of a witness' story on the material issues and when taken together with proper undisputed facts can preponderate in favor of a finding of paternity." We find that appellee's issue on cross-appeal is without merit.

AFFIRMED.

ERVIN, JOANOS and BARFIELD, JJ., concur.


Summaries of

Bailey v. Richardson

District Court of Appeal of Florida, First District
Jan 24, 1986
481 So. 2d 40 (Fla. Dist. Ct. App. 1986)
Case details for

Bailey v. Richardson

Case Details

Full title:CARLTON BAILEY, APPELLANT/CROSS-APPELLEE, v. BRENDA RICHARDSON AND THE…

Court:District Court of Appeal of Florida, First District

Date published: Jan 24, 1986

Citations

481 So. 2d 40 (Fla. Dist. Ct. App. 1986)