Friday, October 7, 2011

First DCA Approves Dismissal of Petition to Disestablish Paternity

The First District Court of Appeal ruled Wednesday in Hooks v. Quaintance, and approved the lower tribunal’s dismissal of the Appellant’s Petition to Disestablish Paternity.  The Appellant had suggested that DNA testing constituted “newly discovered evidence” for purposes of Florida Statute 742.18(1), but the Court affirmed the dismissal on the basis that the Appellant was aware that his paternity was in question, and failed to exercise due diligence to obtain proof of same.  The Court also found that 742.18 clearly requires newly discovered evidence in addition to DNA test results.

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