State, Department of Revenue ex rel. Weaver v. Allen

District Court of Appeal of Florida

State, Department of Revenue ex rel. Weaver v. Allen

772 So. 2d 633, 2000 Fla. App. LEXIS 16331, 2000 WL 1838294

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 2000

DocketNo. 1D00-1100

StatusPublished

This text of 772 So. 2d 633 (State, Department of Revenue ex rel. Weaver v. Allen) 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.

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State, Department of Revenue ex rel. Weaver v. Allen, 772 So. 2d 633, 2000 Fla. App. LEXIS 16331, 2000 WL 1838294 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We conclude that the Department of Revenue filed the complaint in good faith in reliance on the paternity affidavit executed by the mother of the child. Accordingly, we must reverse the order awarding attorney’s fees to the putative father under section 57.105, Florida Statutes (1997). See Department of Revenue v. Hannah, 745 So.2d 1055 (Fla. 3d DCA 1999). We recognize that section 57.105 was revised in 1999 to allow an attorney’s fee if a claim was known to be without support in fact or in law “at any time before trial,” but this case is not governed by the revised version of the statute/

Reversed.

ERVIN, LAWRENCE and PADOVANO, JJ., CONCUR.

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PER CURIAM.

We conclude that the Department of Revenue filed the complaint in good faith in reliance on the paternity affidavit executed by the mother of the child. Accordingly, we must reverse the order awarding attorney’s fees to the putative father under section 57.105, Florida Statutes (1997). See Department of Revenue v. Hannah, 745 So.2d 1055 (Fla. 3d DCA 1999). We recognize that section 57.105 was revised in 1999 to allow an attorney’s fee if a claim was known to be without support in fact or in law “at any time before trial,” but this case is not governed by the revised version of the statute/

Reversed.

ERVIN, LAWRENCE and PADOVANO, JJ., CONCUR.

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772 So. 2d 633, 2000 Fla. App. LEXIS 16331, 2000 WL 1838294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-ex-rel-weaver-v-allen-fladistctapp-2000.

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