Stratton v. McQueen

District Court of Appeal of Florida

Stratton v. McQueen

337 So. 2d 1024, 1976 Fla. App. LEXIS 15532

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1976

DocketNo. 76-15

StatusPublished

Cited by1 cases

This text of 337 So. 2d 1024 (Stratton v. McQueen) 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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Stratton v. McQueen, 337 So. 2d 1024, 1976 Fla. App. LEXIS 15532 (Fla. Ct. App. 1976).

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Opinion

SCHWARTZ, ALAN R., Associate Judge.

It is apparent that the defendant-appellee in .this paternity action did not meet the burden of conclusively establishing that no genuine issue existed concerning the material issue of whether he was the father of the appellant’s child. The summary judgment entered in his favor therefore plainly cannot stand and the cause must be remanded for trial. Holl v. Talcott, Fla.1966, 191 So.2d 40; Jones v. Stoutenburgh, Fla. 1957, 91 So.2d 299; Crepaldi v. Wagner, Fla.App.lst 1961, 132 So.2d 222. Yarmark v. Strickland, Fla.App.3d 1966, 193 So.2d 212, cert. den., Fla.1967, 201 So.2d 559, which was relied upon below, and which involved the reversal of a judgment of paternity rendered after trial, on the ground that it was based on mere speculation and conjecture, is on point neither procedurally nor factually.

REVERSED and REMANDED.

McNULTY, C. J., and HOBSON, J., concur.

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SCHWARTZ, ALAN R., Associate Judge.

It is apparent that the defendant-appellee in .this paternity action did not meet the burden of conclusively establishing that no genuine issue existed concerning the material issue of whether he was the father of the appellant’s child. The summary judgment entered in his favor therefore plainly cannot stand and the cause must be remanded for trial. Holl v. Talcott, Fla.1966, 191 So.2d 40; Jones v. Stoutenburgh, Fla. 1957, 91 So.2d 299; Crepaldi v. Wagner, Fla.App.lst 1961, 132 So.2d 222. Yarmark v. Strickland, Fla.App.3d 1966, 193 So.2d 212, cert. den., Fla.1967, 201 So.2d 559, which was relied upon below, and which involved the reversal of a judgment of paternity rendered after trial, on the ground that it was based on mere speculation and conjecture, is on point neither procedurally nor factually.

REVERSED and REMANDED.

McNULTY, C. J., and HOBSON, J., concur.

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337 So. 2d 1024, 1976 Fla. App. LEXIS 15532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stratton-v-mcqueen-fladistctapp-1976.

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