Mortenson v. Johnson

Supreme Court of Florida

Mortenson v. Johnson

602 So. 2d 1263, 17 Fla. L. Weekly Supp. 359, 1992 Fla. LEXIS 1026, 1992 WL 125118

CourtSupreme Court of Florida

DecidedJune 11, 1992

DocketNo. 76750

StatusPublished

This text of 602 So. 2d 1263 (Mortenson v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mortenson v. Johnson, 602 So. 2d 1263, 17 Fla. L. Weekly Supp. 359, 1992 Fla. LEXIS 1026, 1992 WL 125118 (Fla. 1992).

Pincite

Opinions

PER CURIAM.

We have for review Mortenson v. Johnson, 566 So.2d 579 (Fla. 2d DCA 1990), in which the Second District Court of Appeal certified the following question to be of great public importance:

WHETHER SECTION 742.031 OF THE FLORIDA STATUTES, PROVIDING FOR AN AWARD OF ATTORNEY’S FEES IN AN ORIGINAL PATERNITY ACTION, CAN BE CONSTRUED AS ALSO SUPPORTING AN AWARD OF FEES IN A POSTJUDGMENT PROCEEDING FOR MODIFICATION OF CHILD SUPPORT IN A PATERNITY ACTION?

Id. at 580. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. Our decision in P.A.G. v. A.F., 602 So.2d 1259 (Fla.1992), is controlling in this case. Accordingly, we quash the decision below and remand this case for reconsideration in light of P.A.G.

It is so ordered.

SHAW, C.J. and OVERTON, McDonald, BARRETT, KOGAN and HARDING, JJ., concur. GRIMES, J., dissents with an opinion.

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