NENA JACKSON AND THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, PETITIONERS,
v.
TERRY WARREN, RESPONDENT

Fla. 3d DCA | 1992-02-25
No. 91-1081
Before JORGENSON, COPE and GODERICH, JJ.
593 So. 2d 331 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

The 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).

Accordingly, the petition for writ of certiorari is granted and this cause is remanded for further proceedings consistent with this opinion.


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  • Brago v. Brago, 604 So. 2d 866 (Fla. 3d DCA 1992)
    …parties. Since the grandmother was not properly on notice that the issue would be [*867] decided by the trial court, the order must be reversed to the extent that it permanently terminates the grandmother’s visitation rights. See Jackson v. Warren, 593 So. 2d 331 (Fla. 3d DCA 1992); see also 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); cf. Hunter v. Hunter, 540 So. 2d 235, 237 n. 2 (Fla. 3d DCA 1989). This ruling is with…

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