Summary
In Dade County v. Womack, 285 So.2d 441 (Fla.3d DCA 1973), the county was not required to pay costs of publication for an indigent parent who wished to change the name of a minor child.
Summary of this case from Brinker v. LudlowOpinion
No. 73-243.
November 20, 1973.
Appeal from the Circuit Court for Dade County, Shelby Highsmith, J.
Stuart Simon, County Atty., Jon I. Gordon, and Lisa Bennett, Asst. County Attys., don and Lisa Bennett, Asst. County Attys., Miami, for appellant.
Robert F. Williams, Steven Wisotsky, Miami, for appellant.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
This is an appeal from an order requiring Dade County to pay the costs of publication, which are required under § 62.031 (6), Fla. Stat. F.S.A.
The appellant contends that the court was in error in ruling, as a matter of law, that § 57.081, Fla. Stat. F.S.A. (1971) required the County to pay the cost of publication for indigent parents who wished to change the names of their minor children, when they could not obtain personal service of process upon the missing parent.
We reverse upon the authority of Grissom v. Dade County, Fla.App. 1973, 279 So.2d 899, and authorities cited therein, and the matter is returned to the trial court for further proceedings not inconsistent herewith.
It is noted that Grissom v. Dade County, supra, was decided subsequent to the date of the order under review in this matter.
Reversed and remanded, with directions.