Public-domain · open source
OpenJurist

602 So. 2d 1263

602 So.2d 1263

17 Fla.L.WeeklySupp. 359

Mortenson v. Johnson

Supreme Court of Florida

Decided June 11, 1992

Supreme Court of Florida · decided 1992-06-11

Cited by 1 later decisions — most recently August 1996

1 state decisions

Relies on P.A.G. v. A.F. · Mortenson v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-11

View the full empirical analysis of this case →

PER CURIAM.

¶1We have for review Mortenson v. Johnson, 566 So.2d 579 (Fla. 2d DCA 1990), in which the Second District Court of Appeal certified the following question to be of great public importance:

WHETHER SECTION 742.031 OF THE FLORIDA STATUTES, PROVIDING FOR AN AWARD OF ATTORNEY’S FEES IN AN ORIGINAL PATERNITY ACTION, CAN BE CONSTRUED AS ALSO SUPPORTING AN AWARD OF FEES IN A POSTJUDGMENT PROCEEDING FOR MODIFICATION OF CHILD SUPPORT IN A PATERNITY ACTION?

¶2Id. at 580. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. Our decision in P.A.G. v. A.F., 602 So.2d 1259 (Fla.1992), is controlling in this case. Accordingly, we quash the decision below and remand this case for reconsideration in light of P.A.G.

¶3It is so ordered.

SHAW, C.J. and OVERTON, McDonald, BARRETT, KOGAN and HARDING, JJ., concur.GRIMES, J., dissents with an opinion.
GRIMES, Judge,

¶4dissenting.

¶5I dissent for the reasons expressed in my dissenting opinion in P.A.G. v. A.F., 602 So.2d 1259 (Fla.1992).

/602/so2d/1263 · .json · Public domain