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337 So. 2d 1024

Stratton v. McQueen

District Court of Appeal of Florida

Decided September 24, 1976

District Court of Appeal of Florida · decided 1976-09-24

Relies on Gory Roofing Tile Manufacturing, Inc. v. Davison · Jones v. Stoutenburgh · 193 So. 2d 212 - Yarmark v. Strickland

Good law ✅— No negative treatment on recordhow we know

Decided 1976-09-24

How this case has been cited

Cited by 25 later decisions — most recently August 2016 · most notably State v. Stevens (1978), 792 So. 2d 667 - Slydell v. State (2001)

25 state decisions

15019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SCHWARTZ, ALAN R., Associate Judge.

¶1It 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.

¶2REVERSED and REMANDED.

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