Public-domain · open source
OpenJurist

593 So. 2d 331

Jackson v. Warren

District Court of Appeal of Florida

Decided February 25, 1992

District Court of Appeal of Florida · decided 1992-02-25

Cited by 1 later decisions — most recently August 1992

1 state decisions

Relies on 489 So. 2d 758 - Falkner v. AMERIFIRST FEDERAL SAV. AND LOAN · 528 So. 2d 967 - Shields v. Flinn · 546 So. 2d 768 - Miller v. Cowart

Good law ✅— No negative treatment on recordhow we know

Decided 1992-02-25

View the full empirical analysis of this case →

PER CURIAM.

¶1The petition for writ of certiorari is granted and this cause is remanded to the trial court for a determination of whether the respondent was given proper notice of the final hearing during which paternity was determined. On remand, if the trial court finds that respondent did not receive proper notice of the final hearing, the final judgment of paternity is void, Shields v. Flinn, 528 So.2d 967 (Fla. 3d DCA 1988); Falkner v. Amerifirst Fed. Sav. & Loan Ass’n, 489 So.2d 758 (Fla. 3d DCA 1986), and the order granting the respondent’s motion for physical examination is affirmed. Conversely, if the trial court determines that the respondent received proper notice of the final hearing, the order granting the respondent’s motion for physical examination is quashed. Miller v. Cowart, 546 So.2d 768 (Fla. 2d DCA 1989).

¶2Accordingly, the petition for writ of cer-tiorari is granted and this cause is remanded for further proceedings consistent with this opinion.

/593/so2d/331 · .json · Public domain