DEPARTMENT OF REVENUE, STATE OF FLORIDA, APPELLANT,
v.
CLAYTON MYRICK, 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 Florida Department of Revenue appealed a contempt order that required blood testing to determine paternity three years after paternity had been adjudicated by default judgment. The court reversed the blood testing requirement, holding that once paternity is established by court order, the issue is res judicata and cannot be relitigated absent a showing of fraud.
The court held that once paternity is established by court order, the issue becomes res judicata and a subsequent judge has no jurisdiction to order that the issue be relitigated absent a showing of fraud. Because more than one year had passed since the paternity judgment and Myrick offered no proof of fraud, the trial court lacked jurisdiction to order blood testing.
[1] Once paternity is established by court order, the issue of paternity is res judicata and a subsequent judge has no jurisdiction to order that the issue be relitigated, ab…
[2] A trial court lacks jurisdiction to set aside a judgment of paternity more than one year after its rendition absent fraud, even if subsequent testing could prove a differ…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once paternity is established by court order, absent a showing of fraud upon the court, the issue of paternity is res judicata and a subsequent judge has no jurisdiction to order that the issue be relitigated.”
Establishes the core legal principle that paternity judgments are final and conclusive absent fraud, which forms the basis for reversing the blood testing order.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe DOR filed a paternity petition in June 1994 against Clayton Myrick, who failed to respond. A default was entered in July 1994 and final judgment a…
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 Adjudication Of Paternity cases and more on FLexlaw
THOMPSON, Judge.
The Department of Revenue (“DOR”), on behalf of Rujeania Magee, appeals an order of contempt which ordered blood testing to determine paternity three years after paternity had been adjudicated. We reverse.
DOR filed a petition to determine paterni: ty in June, 1994. Clayton Myrick, the putative father, was served but failed to file a response or any paper upon the DOR. A default was entered on 29 July 1994, and a final judgment adjudicating paternity and setting child support payments was rendered on 7 March 1995. When Myrick didn’t pay child support as required by the court’s order, a motion for contempt was filed. Myr-ick was served and the trial court conducted a hearing at which Myrick appeared and requested blood testing to determine paternity. He was properly held in contempt and an order for contempt was rendered on 16 July 1997. In addition to détermining ar-rearages, the order reads in part:
The Court grants [Myrick’s] ore tenus motion for paternity blood testing on the condition that [Myrick] pay, in advance $147.00, which shall be paid within 60 days of today [date]. *If not paid, motion denied.
Once paternity is established by court order, absent a showing of fraud upon the court, the issue of paternity is res judicata and a subsequent judge has no jurisdiction to order that the issue be relitigated. Department of Revenue v. Goulbourne, 648 So. 2d 856 (Fla. 4th DCA 1995); State, Department of Health and Rehabilitative Services v. Opel, 620 So. 2d 191 (Fla. 2d DCA 1993); Miller v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989).
In DeVaughn v. Department of Revenue, 691 So. 2d 11 (Fla. 4th DCA), rev. denied, 700 So. 2d 684 (Fla.1997), the Fourth District held that the trial court did not have jurisdiction to set aside a judgment of paternity more than one year after its rendition absent fraud, even if testing proved that appellant was not the biological father. Id. Here more than one year had passed and Myrick offered no proof to show fraud. See Rule 1.540, Fla. R.Civ.P. Myrick is obligated to continue payment of child support even if he is not the biological father of the child. Accordingly, we reverse that portion of the order which ordered blood testing to determine paternity. In all other respects,. the order is affirmed.
AFFIRMED in part; REVERSED in part.
COBB and W. SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Ceasar, 188 So. 3d 989 (Fla. 1st DCA 2016)…e State, Dep’t of Revenue ex rel. Striggles v. Standifer, 990 So. 2d 659, 661 (Fla. 1st DCA 2008). And the five-year period that Mr. Ceasar, waited to question his paternily may present a res judi-cata problem. See, e.g., Dep’t of Revenue v. Myrick, 706 So. 2d 104, 105 (Fla. 5th DCA 1998) ("Once paternity is established by court order, absent a showing of fraud upon the court, the issue of paternity is res judicata and a subsequent judge has no jurisdiction to order that the issue be relitigated.”); State, De…
Authorities Cited
- Michelle Miller & the Fla. Dep't of Health & Rehabilitative Servs. v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989)
- Henderson v. State, 648 So. 2d 856 (Fla. 2d DCA 1995)
- Alphonso S. DeVAUGHN v. Dep't OF Revenue & Clara Brown, 691 So. 2d 11 (Fla. 4th DCA 1997)
- State v. Opel, 620 So. 2d 191 (Fla. 2d DCA 1993)