GLADYS M. HEROUT, APPELLANT,
v.
FREEMAN D. LAWRENCE, APPELLEE
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Gladys Herout appealed a summary judgment dismissing her paternity action against Freeman Lawrence, where she sought to establish him as the biological father of her son and obtain retroactive child support. The court affirmed, holding that Herout was equitably estopped from denying the legitimacy of the child after having obtained and accepted the benefits of a prior child support order naming her ex-husband as the father.
Herout is equitably estopped from challenging the validity of the prior decree. Although Florida law now permits a married woman to sue for paternity and support for her illegitimate child (reversing the former rule), this estoppel doctrine applies when a party has accepted the benefits of a judgment and later seeks to deny its validity.
[1] A party may not accept the benefits of a prior judgment and subsequently deny its validity.
[2] A mother who previously obtained a child support order against her spouse, alleging he was the father, is estopped from later bringing a paternity action against another…
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Join FLexlaw to unlock all legal intelligence“A party may not accept the benefits of a judgment and then later be heard to deny its validity.”
The foundational principle of equitable estoppel that bars Herout from challenging the prior paternity determination.
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Join FLexlaw to unlock all legal intelligenceHerout was married to Harold Jackson when she conceived and bore a son, Lawrence Jackson. In 1967, she filed for divorce from Jackson and obtained a c…
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MILLS, Judge.
Herout appeals the trial court’s grant of summary judgment in favor of Lawrence, the defendant in this paternity suit. We affirm.
Herout was married to Harold Jackson at the time of the conception and birth of her son, Lawrence Jackson. On 27 September 1967, Herout filed a petition for divorce from Harold Jackson, alleging that Law rence Jackson was one of the children of the marriage and praying that Harold Jackson be ordered to pay child support. On 4 December 1967, the trial court granted a divorce to the parties and entered an order of child support for Lawrence Jackson.
On 14 October 1981, Herout filed this paternity action against Freeman D. Lawrence, alleging that he is the real father of Lawrence Jackson. The complaint prayed that “the issue of support be tried by the court and that the court order the Defendant to pay support from the birth of the child to age 18.” At the time this action was filed, Lawrence Jackson was 19 years old. The trial court granted Lawrence’s motion for summary judgment on the grounds that Herout was estopped from now denying the legitimacy of her son and that she was not the proper party plaintiff since her son had already reached the age of majority.
Formerly, a woman was not allowed to bring a paternity action against one other than her spouse when she was married at the time the child was conceived. Kennelly v. Davis, 221 So. 2d 415 (Fla.1969); Smith v. Wise, 234 So. 2d 145 (Fla. 3d DCA 1970). However, in Gammon v. Cobb, 335 So. 2d 261 (Fla.1976), the Florida Supreme Court receded from Kennelly and allowed a married woman to sue for support benefits for her illegitimate child. Thus, it is clear that Herout is not precluded as a matter of law from bringing this action simply because she was married at the time of the conception and birth of her son.
However, this case presents a situation different than the one addressed in Gammon or in any of the cases decided since then. Here, the plaintiff previously alleged that her ex-spouse was the father of her son and obtained a court order to that effect. She now seeks to deny her former position by alleging that Lawrence is the natural father of her son. This she may not do. A party may not accept the benefits of a judgment and then later be heard to deny its validity. Rouse v. Rouse, 219 La. 1065, 55 So. 2d 246 (1951); Davis v. Davis, 229 Ind. 414, 99 N.E. 2d 77 (1951). Herout presumably accepted the benefits of the prior order of child support for almost fourteen years. As a matter of equity, she may not now challenge the validity of that former decree.
AFFIRMED.
ROBERT P. SMITH, Jr., C.J., and McCORD, J., concur.
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Van Nostrand v. Nunzio J. Olivieri and Carol A. Olivieri, 427 So. 2d 374 (Fla. 2d DCA 1983)…ere res judicata of the paternity of the child. Thus, the orders were quashed, because the fathers did not have a right to reopen the proceedings and reliti-gate the matters which were resolved in the dissolution proceedings. In Herout v. Lawrence, 423 So. 2d 558 (Fla. 1st DCA 1982), the mother gave birth to a son while married to Jackson. She later sued Jackson for divorce alleging that the son was a child of their marriage and praying that Jackson be ordered to pay child support. The court granted the divo…
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In re the Est. OF Richard Robertson, 520 So. 2d 99 (Fla. 4th DCA 1988)…ellant contends that this constitutes an adjudication as to the paternity of Nicole which estops her from now contending that the decedent was her natural father. See Decker v. Hunter, 460 So. 2d 1014 (Fla. 3d DCA 1984). See also Herout v. Lawrence, 423 So. 2d 558 (Fla. 1st DCA 1982). The feature which prevents the cases so holding from being, by analogy, determinative of the claim of Nicole is the fact that Nicole was not a party to the litigation in which the issue was determined. Therefore she is not precl…
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Morgan v. Jetson Morgan, Jr., 466 So. 2d 13 (Fla. 4th DCA 1985)…submit to blood testing in order to determine the paternity of a child, already determined as a matter of law to be the child of both parties. In our view both parties are now estopped to challenge the paternity of the child. See Herout v. Lawrence, 423 So. 2d 558 (Fla. 1st DCA 1982) and DeClaire v. Yohanan, 453 So. 2d 375 (Fla.1984). ANSTEAD, C.J., and LETTS and GLICKSTEIN, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976)
- Smith v. Wise, 234 So. 2d 145 (Fla. 3d DCA 1970)
- Kennelly v. Davis, 221 So. 2d 415 (Fla. 1969)