Sirdevan v. Strand

120 So. 3d 1280, 2013 WL 5287907, 2013 Fla. App. LEXIS 14870

Opinion

PER CURIAM.

James P. Sirdevan, the legal father of the child at issue in this proceeding, petitions for a writ of certiorari seeking review of the trial court’s non-final order denying his motion for summary judgment wherein he challenged Respondent Jeffrey B. Strand’s standing to file a paternity petition. We GRANT the petition and QUASH the trial court’s order. See Slowinski v. Sweeney, 64 So.3d 128, 128-29 (Fla. 1st DCA 2011) (holding that a child born to an intact marriage cannot be the subject of a paternity proceeding brought by a biological father and determining that it was fundamental error for the trial court to grant relief pursuant to a nonexistent cause of action).

LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ., concur.