Miller v. Popkin

District Court of Appeal of Florida

Miller v. Popkin

502 So. 2d 28, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6279

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 1987

DocketNo. 85-2169

StatusPublished

This text of 502 So. 2d 28 (Miller v. Popkin) 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.

Bluebook

Miller v. Popkin, 502 So. 2d 28, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6279 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The appellant is an attorney who successfully prosecuted a paternity action against the appellee in the trial court, but was then denied an award of attorneys fees when his client married the appellee and asked that the action be dropped. In our view the legislature specifically contemplated such a situation when it enacted Section 742.091, Florida Statutes (1983):

If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate, and upon the payment of all costs and attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in § 742.021 shall be void. The record of the proceedings in such cases shall be sealed against public inspection in the interests of the child.

Accordingly, we reverse and remand for a determination of fees in accord with the above.

ANSTEAD, LETTS and GUNTHER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant is an attorney who successfully prosecuted a paternity action against the appellee in the trial court, but was then denied an award of attorneys fees when his client married the appellee and asked that the action be dropped. In our view the legislature specifically contemplated such a situation when it enacted Section 742.091, Florida Statutes (1983):

If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held legitimate, and upon the payment of all costs and attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in § 742.021 shall be void. The record of the proceedings in such cases shall be sealed against public inspection in the interests of the child.

Accordingly, we reverse and remand for a determination of fees in accord with the above.

ANSTEAD, LETTS and GUNTHER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

502 So. 2d 28, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-popkin-fladistctapp-1987.