JOSEPH A. WATSON, APPELLANT,
v.
CINDY M. GRIFFITH, APPELLEE

Fla. 1st DCA | 1995-12-28
No. 94-4287
MINER, WOLF and VAN NORTWICK, JJ., concur.
665 So. 2d 357 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Joseph A. Watson appeals an order denying his motion for reconsideration of a paternity judgment that was based in part on the results of an human leukocyte antigen blood test. In his motion, Watson seeks to reopen the case below 20 months after entry of the final judgment of paternity and to redetermine paternity based upon DNA testing. Because a paternity order is res judica-ta on the issue of paternity, and relitigation of paternity issues is unauthorized absent a cognizable motion 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.


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  • State v. Lewis, 829 So. 2d 365 (Fla. 1st DCA 2002)
    …PER CURIAM. The petition for writ of certiorari is granted. The circuit court order dated March 21, 2002, is quashed. See Watson v. Griffith, 665 So. 2d 357 (Fla. 1st DCA 1995), case dismissed, 675 So. 2d 931 (Fla.1996); Department of Revenue ex rel. King v. Blocker, 806 So. 2d 607 (Fla. 4th DCA 2002). BOOTH, BENTON and VAN NORTWICK, JJ., concur.…

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