DEPARTMENT OF REVENUE ON BEHALF OF MARIE E. MEIRE, APPELLANT,
v.
JEFFREY A. BANDER, APPELLEE

Fla. 5th DCA | 1999-05-28
No. 98-2151
W. SHARP, and ANTOON, JJ., concur.
734 So. 2d 1145 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Department of Revenue appeals the dismissal of a paternity and child support petition filed on behalf of Marie Meire against Jeffrey Bander under Florida's Revised Uniform Reciprocal Enforcement of Support Act. The court reversed the dismissal, holding that a petition need not attach a birth certificate or DNA test results to survive a motion to dismiss.


Holding

The petition was sufficient without the requested attachments. Chapter 88 contains no requirement that a birth certificate or DNA test results be attached to a paternity petition, and Rule 1.130 requires attachments only when the cause of action rests or depends on the documents. The trial court can order DNA testing during the proceedings if necessary.


Headnotes

[1] A petition filed under the Revised Uniform Reciprocal Enforcement of Support Act (URESA) does not require the attachment of a birth certificate or DNA test results to be…

[2] Florida Rule of Civil Procedure 1.130 mandates the attachment of documents to a complaint only when the cause of action rests or depends upon those documents.

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Key Quotes

“There is no requirement in Chapter 88 that a birth certificate or DNA test results be attached to a petition.”

Establishes that statutory requirements do not mandate document attachments to the initial petition.

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Facts & Procedural History

Marie Meire's child was receiving public support in Maine. Lawrence Borghini was named as the father on the birth certificate, but DNA testing proved …

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Opinion of the Court
THOMPSON, J.

THOMPSON, J.

The Department of Revenue (“DOR”) 1, on behalf of Marie E. Méire, appeals the dismissal of its petition to determine paternity and child support. We reverse.

DOR alleged that Jeffrey A. Bander was the father of Marie Meire’s child and that the child was receiving public support in the State of Maine. The petition was filed pursuant to Chapter 88, Florida Statutes, the Revised Uniform Reciprocal Enforcement of Support Act. In the supporting affidavit attached to the petition, Meire alleged that Lawrence Borghini had been named the father on the birth certificate, but DNA testing proved he was not. She alleged that during the 60 days spanning conception, she had sexual intercourse with Bander and Borghini, but that she believed Borghini was not the father because his DNA test had been negative. The petition conformed to all the requirements of the revised URESA statute.

Jeffrey A. Bander, the putative father, moved to dismiss the petition alleging that it failed to state a cause of action because the child’s birth certificate was not attached to the petition, because a copy of the DNA test result was not attached to the petition, and because the mother’s verification was improper in that she swore “to the best of my knowledge and belief.”2

In support of the dismissal, Bander cites sections 742.10(1), 12(2), and 12(3), and argues that birth certificates and DNA evidence are used in Florida courts as evidence to establish paternity, and that he was entitled to have these records attached to the petition in order to exclude himself as the father. He contends that he should not be required to rely upon the unsupported allegations of Meire that the DNA test results of Borghini were negative. He also argues that Rule 1.130, Florida Rules of Civil Procedure, requires that the documents be attached. He contends that the allegation that another man’s name was on the birth certificate required that it be attached to the petition since it formed the basis of their complaint. The document, he argued, “has relevance” because it “may constitute a defense.”

We agree with DOR that the complaint was sufficient without the attachments. Chapter 88 adopts federal law and the forms that can be used by the state in establishing paternity and collecting child support. The purpose of the statute is to bring uniformity to the establishment and enforcement of orders of child support across state lines, and to provide remedies in addition to those of each state. § 88.012, Fla. Stat. (1997); see also Nicoll v. Baker, 668 So. 2d 989 (Fla.1996); Koon v. Boulder County, Dept. of Social Services, 494 So. 2d 1126 (Fla.1986). There is no requirement in Chapter 88 that a birth certificate or DNA test results be attached to a petition. Further, Rule 1.130, Florida Rules of Civil Procedure, requires the attachment of documents to a complaint only if the cause of action rests or depends on the attachments. See e.g. Sachse v. Tampa Music, Co., 262 So. 2d 17 (Fla. 2d DCA 1972); Braz v. Professional Ins. Corp., 101 So. 2d 594 (Fla. 3d DCA 1958). In this case, the cause of action does not rest on a document.

The simple issue in this case is whether Bander is the father of the child and, if so, whether Bander has the ability to provide support for the child. The trial court can order, or Bander can request, all of the parties in the case (the putative father or fathers, the mother and the child) to submit to DNA tests. § 742.12(2), Fla. Stat. The failure to attach the documents Ban-der requests is not a basis to dismiss the complaint. The order of dismissal is quashed and case is remanded with directions that DOR be allowed to proceed with the complaint to establish paternity and child support. ORDER QUASHED; REVERSED and REMANDED with directions.

W. SHARP, and ANTOON, JJ., concur. . The Department of Revenue is the state ' agency designated by statute for administra- lion of the Child Support Enforcement Program under Title IV-D of the Social Security Act, 42 U.S.C.A. §§ 651 et seq (1991). See § 409.2557, Fla. Stat. (1997).

. At oral argument, Bander's counsel conceded this issue after he was advised that the petition met the requirements of section 88.0011, Florida Statutes (1997), the Uniform Interstate Family Support Act formerly known as URESA. See also §§ 88.371, 88.311, Fla. Stat. (1997)


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Citator

Cited By

  • Dep't OF Revenue v. Sloan, 743 So. 2d 1131 (Fla. 5th DCA 1999)
    …d pursuant to Title IVD of the Social Security Act, 42 U.S.C. § 1302, et. seq. . The UIFSA is the successor enforcement mechanism to the URESA and became effective July 1, 1997. See § 88.0011, Fla. Stat. (1997). See Department of Revenue v. Bander, 734 So. 2d 1145 (Fla. 5th DCA 1999). This act applies to all proceedings for support or modification of support orders commenced on or after July 1, 1997. . This statute, repealed with adoption of the UIFSA, provided: A support order made by a court of this state…

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