Jerkins v. Department of Health & Rehabilitative Services
This text of 653 So. 2d 1128 (Jerkins v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
William Jerkins (Appellant), the former husband, appeals from a final order granting the Department of Health and Rehabilitative Service’s 1993 motion to establish arrearages in child support allegedly owed to Marion Jerkins, the former wife, for the period from 1954 to 1972. We reverse the order. Our examination of the record leads us to conclude that Appellant established, by the evidence of exceptional and compelling circumstances, all the elements of the defense of laches necessary to bar the claim for child support arrearages. Van Meter v. Kelsey, 91 So.2d 327 (Fla.1956); Brumby v. Brumby, 647 So.2d 330 (Fla. 4th DCA 1994); Nowell v. Nowell, 634 So.2d 235 (Fla. 1st DCA 1994); Armour v. Allen, 377 So.2d 798, 800 (Fla. 1st DCA 1979); Phillips v. Adams, 339 So.2d 665 (Fla. 4th DCA 1976); Teta v. Teta, 297 So.2d 642, 645 (Fla. 1st DCA 1974); Brown v. Brown, 108 So.2d 492, 493-94 (Fla. 2d DCA 1959).
REVERSED.
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653 So. 2d 1128, 1995 Fla. App. LEXIS 4365, 1995 WL 236974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerkins-v-department-of-health-rehabilitative-services-fladistctapp-1995.