STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF CHILD SUPPORT ENFORCEMENT, EX REL. EMILY LARA, APPELLANT,
v.
NICHOLAS LARA, APPELLEE

Fla. 2d DCA | 1986-10-08
No. 86-638
GRIMES, A.C.J., and SCHEB, J., concur.
504 So. 2d 1 Florida District Court of Appeal, Second District (1986) Positive Treatment
Cited by 2 cases
Topics
Petition For Certiorari Collateral Estoppel

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Opinion of the Court
CAMPBELL, Judge.

CAMPBELL, Judge.

Appellant, Emily Lara, and appellee, Nicholas Lara, were divorced by final judgment entered in 1982. That judgment, which incorporated a stipulation of the parties, found appellee to be the father of the minor child and ordered him to pay $25 per week in child support. Appellee neither contested the support provisions nor appealed the final judgment.

Over three years later, when appellant HRS initiated action to increase the amount of child support, appellee sought to challenge the determination of his paternity. The trial judge below, in that action, ordered blood tests for the purpose of determining paternity. Appellant appeals from that order. We treat this appeal as a petition for certiorari as we did in Johnson v. Johnson; Riggs v. Riggs, 395 So. 2d 640 (Fla. 2d DCA 1981). Johnson-Riggs is indistinguishable in regard to the merits of this review, and on the authority of Johnson-Riggs, we reverse and remand.

GRIMES, A.C.J., and SCHEB, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Michelle Miller & the Fla. Dep't of Health & Rehabilitative Servs. v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989)
    …1961). Therefore, the final judgments bar any redetermination of the paternity of either child. Johnson, 395 So. 2d at 641. See also State, Department of Health and Rehabilitative Services, Office of Child Support Enforcement, ex rel. Lara v. Lara, 504 So. 2d 1 (Fla. 2d DCA 1986) (following Johnson). We have also applied the reasoning in Johnson to a case with facts similar to the present matter. In Department of Health and Rehabilitative Services v. Chambers, 472 So. 2d 1358 (Fla. 2d DCA 1985), Chambers…
  • Holmes v. Owens, 508 So. 2d 563 (Fla. 2d DCA 1987)
    …ty. Herout v. Lawrence, 423 So. 2d 558 (Fla. 1st DCA, 1982). This is clearly the situation at bar. See also State of Florida, Department of Health and Rehabilitative Services, Office of Child Support Enforcement, ex rel. Emily Lara v. Nicholas Lara, 504 So. 2d 1 (Fla. 2d DCA 1986); Johnson v. Johnson; Riggs v. Riggs, 395 So. 2d 640 (Fla. 2d DCA 1981). We grant the petition for writ of certio-rari and remand this case to the circuit court for further proceedings consistent with this opinion. SCHEB, A.C.J…

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