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Ferris v. Morgret

District Court of Appeal of Florida, Second District
Sep 20, 2000
768 So. 2d 527 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 2D00-1555

Opinion filed September 20, 2000.

Appeal from the Circuit Court for Highlands County; J. Dale Durrance, Judge.

Nicholas G. Schommer, of Trombley, Lobozzo, Schommer, Disler Accorsi, P.A., Sebring, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jon J. Johnson, Assistant Attorney General, Tampa, for Appellees.


Appellant seeks review of an amended order denying his motion for relief from a judgment adjudicating paternity. We reverse.

Appellee has filed a confession of error conceding that the appellant did not receive proper notice of the final hearing to determine paternity. Appellee further concedes that the appellant should be given an opportunity to avail himself, if desired, of genetic testing before paternity is determined. Based on appellee's confession of error, we reverse. See Broussard v. Broussard, 506 So.2d 463 (Fla. 2d DCA 1987). We quash the paternity order of October 10, 1996, which resulted from the improperly noticed hearing.

Reversed and remanded for a full hearing after notice.

BLUE, A.C.J., and FULMER and CASANUEVA, JJ., Concur.


Summaries of

Ferris v. Morgret

District Court of Appeal of Florida, Second District
Sep 20, 2000
768 So. 2d 527 (Fla. Dist. Ct. App. 2000)
Case details for

Ferris v. Morgret

Case Details

Full title:FRED D. FERRIS, Jr., Appellant, v. VALERIE MORGRET and STATE, DEPARTMENT…

Court:District Court of Appeal of Florida, Second District

Date published: Sep 20, 2000

Citations

768 So. 2d 527 (Fla. Dist. Ct. App. 2000)