Michael J. Heather, Appellant, v. Chad Spencer and Amanda C. Watson, Appellees. (2024)

District Court of Appeal of Florida, Fifth District.

Michael J. Heather, Appellant, v. Chad Spencer and Amanda C. Watson, Appellees.

Case No. 5D2023-3261

Decided: October 18, 2024

Martin Pedata, of the Law Office of Martin Pedata, DeLand, for Appellant. David L. Ferguson, of Woodard & Ferguson, P.A., Ormond Beach, for Appellee, Amanda C. Watson. No Appearance for Remaining Appellee.

Appellant appeals the trial court's order denying his petition to establish paternity that challenged a voluntary acknowledgment of paternity by Appellees. Appellant argues that the trial court erred when it determined he failed to meet his burden to rebut the presumption of paternity even though the trial court expressly found that the voluntary acknowledgement was the product of fraud. See § 742.10(1), (4), Fla. Stat. (2023). We agree.

Based upon the undisputed evidence and the trial court's finding of fraud, the basis for denying the petition was in error. We therefore reverse and remand for further proceedings.

Reversed and Remanded.

Per Curiam.

Lambert, Eisnaugle, and Soud, JJ., concur.

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