DEPARTMENT OF REVENUE ON BEHALF OF BRENDA BETRAND, APPELLANT,
v.
BASIL SAUNDERS, APPELLEE
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PER CURIAM.
Appellee Basil Saunders executed a stipulation in Mareh 1994, in which he acknowledged that he was the legal and natural father of Kayla Saunders and agreed to pay child support. The trial court approved the stipulation in a final judgment entered on May 4,1994 and retained jurisdiction only for enforcement for modification. In January 1995 appellee filed a notice of hearing styled as a motion for rehearing and requested paternity testing. The trial court ordered the testing, and the Department of Revenue appeals.
As the department correctly asserts, the final judgment based on the stipulation is res judicata on the issue of paternity. Dept. of Revenue ex rel. Freckleton v. Goulbourne, 648 So. 2d 856 (Fla. 4th DCA 1995). If appel-lee’s motion was intended to be a request for rehearing, it was not timely and, in any event, did not set forth any legally sufficient basis for setting aside the final judgment.
Reversed.
GLICKSTEIN, KLEIN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Watson v. Griffith, 665 So. 2d 357 (Fla. 1st DCA 1995)…on for relief from judgment under Rule 1.540, Florida Rules of Civil Procedure, we affirm. See e.g., Department of Revenue o/b/o Freckleton v. Goulbourne, 648 So. 2d 856 (Fla. 4th DCA 1995); see also Department of Revenue, o/b/o Betrand v. Saunders, 659 So. 2d 1285 (Fla. 4th DCA 1995). Our affirmance is without prejudice to appellant seeking visitation rights with the child in an appropriate proceeding. AFFIRMED. MINER, WOLF and VAN NORTWICK, JJ., concur.…
Authorities Cited
- Henderson v. State, 648 So. 2d 856 (Fla. 2d DCA 1995)