CHERYL MORTENSON, PETITIONER,
v.
B. EDWIN JOHNSON, RESPONDENT
CHERYL MORTENSON, PETITIONER,
B. EDWIN JOHNSON, RESPONDENT
602 So. 2d 1263
Florida Supreme Court (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We have for review Mortenson v. Johnson, 566 So. 2d 579 (Fla. 2d DCA 1990), in which the Second District Court of Appeal certified the following question to be of great public importance:
WHETHER SECTION 742.031 OF THE FLORIDA STATUTES, PROVIDING FOR AN AWARD OF ATTORNEY’S FEES IN AN ORIGINAL PATERNITY ACTION, CAN BE CONSTRUED AS ALSO SUPPORTING AN AWARD OF FEES IN A POSTJUDGMENT PROCEEDING FOR MODIFICATION OF CHILD SUPPORT IN A PATERNITY ACTION?
Id. at 580. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. Our decision in P.A.G. v. A.F., 602 So. 2d 1259 (Fla.1992), is controlling in this case. Accordingly, we quash the decision below and remand this case for reconsideration in light of P.A.G.
It is so ordered.
SHAW, C.J. and OVERTON, McDonald, BARRETT, KOGAN and HARDING, JJ., concur. GRIMES, J., dissents with an opinion.
Dissent
GRIMES, Judge,
dissenting.
I dissent for the reasons expressed in my dissenting opinion in P.A.G. v. A.F., 602 So. 2d 1259 (Fla.1992).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dwight v. State, 677 So. 2d 1363 (Fla. 1st DCA 1996)…crime. MINER and ALLEN, JJ., concur. . Dwight concedes that his argument that he cannot be convicted of both first-degree murder and the use of a firearm in the commission of a felony, based on a single incident, is foreclosed by State v. Martin, 602 So. 2d 1263 (Fla.1992), cert. denied, 507 U.S. 976, 113 S.Ct. 1426, 122 L.Ed.2d 794 (1993).…
Authorities Cited
- P.A.G. v. A.F., 602 So. 2d 1259 (Fla. 1992)
- Mortenson v. Johnson, 566 So. 2d 579 (Fla. 2d DCA 1990)