ROBERT N. MCQUEEN, APPELLANT,
v.
LUCINDA B. STRATTON, APPELLEE
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.
The court held that the Human Leukocyte Antigen (HLA) test results were admissible to prove paternity and that the trial court did not abuse its discretion in awarding child support.
The appellant appealed a final judgment of paternity, challenging the admissibility of HLA test results and the award of child support. The trial cour…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Paternity cases and more on FLexlaw
CAMPBELL, Judge.
McQueen appeals a final judgment of paternity, alleging that the Human Leukocyte Antigen (HLA) test should not have been admitted into evidence as the primary means of proving paternity. He also appeals the award of $650 per month future child support and past child support from the date of birth in the same monthly amount, a total arrearage of $40,300. We reject McQueen’s arguments.
This court held in Simons v. Jorg, 384 So. 2d 1362 (Fla.2d DCA 1980), that a putative father can be compelled to submit to HLA testing if the mother has shown good cause. The trial court in the instant case followed Simons v. Jorg, supra, and determined that Lucinda Stratton had shown good cause. As to the admissibility of the test results at trial, we adopt the opinion of our sister court in Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980).
Regarding the award of past child support, appellant has failed to show that the trial court has abused its discretion. Appellant presented no evidence at trial which would prevent an award of past child support. See § 742.041, Fla.Stat. (1979).
Appellant has also failed to demonstrate that the trial court abused its discretion in awarding $650 per month future child support payments. The only evidence presented on the needs of the child was the testimony of the mother. This testimony supports the trial court’s order and was not contradicted by McQueen. The ability of the husband to pay the amount awarded is also supported by the record as it reveals his assets to be in excess of $800,000.
For the above stated reasons, we affirm the judgment of the trial court.
HOBSON, Acting C. J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981)…hild. Recently, scientific advances have provided an additional method to assist courts in determining paternity. The husbands correctly state that Human Leukocyte Antigen blood tests are now admissible in paternity litigation. McQueen v. Stratton, 389 So. 2d 1190 (Fla.2d DCA 1980); Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980). Nevertheless, this does not authorize a court to reopen proceedings and relitigate matters previously resolved. To allow former husbands to come into court long after entry of…
-
Mason v. Reiter, 564 So. 2d 142 (Fla. 3d DCA 1990)…s reversible error for trial court not to order child support for child born out of wedlock retroactive to the date of birth). In addition, the father presented no evidence which would prevent an award of past child support. See McQueen v. Stratton, 389 So. 2d 1190 (Fla. 2d DCA 1980). Second, we find that the amount awarded by the trial court for child support is reasonable in light of the evidence presented, the child’s needs and the ability of the parents to pay support. Thus, we affirm the award of child s…1 / 2
-
Van Nostrand v. Nunzio J. Olivieri and Carol A. Olivieri, 427 So. 2d 374 (Fla. 2d DCA 1983)…humiliation and psychological damage, because the plaintiffs cannot successfully prosecute their action as a matter of law. This court, as well as others, has recognized the relevance of the HLA blood test in paternity actions. McQueen v. Stratton, 389 So. 2d 1190 (Fla. 2d DCA 1980); Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980). Therefore, the taking of an HLA test would ordinarily be a proper aspect of discovery. Fla.R.Civ.P. 1.280(b)(1). However, this case is not in the customary posture of a patern…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miles Edward Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980)
- Simons v. Elfriede Jorg, 384 So. 2d 1362 (Fla. 2d DCA 1980)