JAMES TIMOTHY JORDAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• In re Est. OF Charles W. Smith v. Scruggs, 685 So. 2d 1206 (Fla. 1996)
  …ity,” states in section 742.011 that “any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.” . Scruggs relics on In re Estate of Odom, 397 So. 2d 420 (Fla. 2d DCA 1981), for the proposition that section 732.108(2)(b) creates an entirely different cause of action. Odom, however, was concerned with reconciling section 732.108(2)(b), which allows an adjudication of paternity after death, with Bell v…
• Breedlove v. In re the Est. OF Wilmer Breedlove, 586 So. 2d 466 (Fla. 1st DCA 1991)
  …ion 732.108(2)(a) and (c). However, the standard of proof under section 732.108(2)(b) should be clear, strong and unequivocal, that is, the person born out of wedlock should prove paternity by clear and convincing evidence. See In re Estate of Odom, 397 So. 2d 420 (Fla. 2d DCA 1981). Since the trial court did not consider the evidence in terms of section 732.108(2)(b), we reverse and remand the cause for the trial court to reconsider this issue. An evidentiary hearing for such purpose may be held.1 REVERSED…
• In re Est. OF Charles W. Smith v. Wilson, 640 So. 2d 1152 (Fla. 1st DCA 1994)
  …ed by the legislature. After the enactment of section 732.-108(2)(b), a court observed that the “legislature clearly intended that an action could be maintained for the determination of paternity for inheritance purposes.... ” In re Estate of Odom, 397 So. 2d 420, 422 (Fla. 2d DCA 1981). The same court approved the holding of C.L.W. v. M.J., 254 N.W. 2d 446 (N.D.1977), in which the North Dakota Supreme Court held “that the mother’s right to bring an action during the father’s lifetime to obtain a determinati…

Authorities Cited

• State v. Sampson, 297 So. 2d 120 (Fla. 4th DCA 1974)