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Supreme Court of Florida


Florida Dep't of Revenue v. Cummings, SC04-1045

Unless a pleading conclusively establishes that the legal father's rights to a child have been divested by some earlier judgment, a legal father is an indispensable party in a paternity action brought by the State of Florida Department of Revenue under chapter 409, Florida Statutes (2000), to establish that a man other than the legal father is the child's biological father and, as such, is obligated to provide child support.

Appellate Information

  • Decided 05/11/2006
  • Published 05/11/2006

Judges

  • BELL, J.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Charles J. Crist, Jr., Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, FL, for Petitioner.

  • For Appellees:
  • Louis K. Rosenbloum, P.A., Pensacola, FL, for Respondent.
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