NENA JACKSON AND THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, PETITIONERS,
v.
TERRY WARREN, RESPONDENT
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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…
Authorities Cited
- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 489 So. 2d 758 (Fla. 3d DCA 1986)
- Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988)
- Michelle Miller & the Fla. Dep't of Health & Rehabilitative Servs. v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989)