GREG OSCARSON, APPELLANT,
v.
ORANGE COUNTY, FLORIDA, ETC., APPELLEE
GREG OSCARSON, APPELLANT,
ORANGE COUNTY, FLORIDA, ETC., APPELLEE
725 So. 2d 404
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See § 90.605(1), Fla. Stat.; United States v. Fowler, 605 F. 2d 181, 185 (5th Cir.1979), cert. denied, 445 U.S. 950, 100 S.Ct. 1599, 63 L.Ed.2d 785 (1980); Spaulding v. Estate of Frey, 666 So. 2d 935, 936 (Fla. 5th DCA 1995).
COBB, HARRIS and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Fla. Dep't OF Revenue v. James (Willie) Cummings, 930 So. 2d 604 (Fla. 2006)…A child born during marriage is presumed to be the child of both the husband and wife. This presumption of legitimacy is “one of the strongest rebuttable presumptions known to law.” Cummings, 871 So. 2d at 1059 (quoting G.T. v. Adoption of A.E.T., 725 So. 2d 404, 410 (Fla. [*608] 4th DCA 1999)). As stated earlier, in Privette we recognized that this presumption grants legal fathers an “unmistakable interest” in paternity actions brought by the Department. 617 So. 2d at 307. This recognition was grounded in…1 / 2
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Treneka Simmonds v. Connor Perkins, 247 So. 3d 397 (Fla. 2018)…2). " 'This presumption is one of the strongest rebuttable presumptions known to law and is based on the child's interest [*400] in legitimacy and the public policy of protecting the welfare of the child.' " Id. (quoting G.T. v. Adoption of A.E.T. , 725 So. 2d 404, 410 (Fla. 4th DCA 1999) ). Because of the strength of this presumption, many courts have held that "a putative father has no right to seek to establish paternity of a child who was born into an intact marriage when the married woman and her husband…
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Dep't OF Revenue v. James (Willie) Cummings, 871 So. 2d 1055 (Fla. 2d DCA 2004)…ith the parties to the marriage. This is because a child born during a marriage is presumed to be the legitimate and legal child of the husband and wife. See Achumba v. Neustein, 793 So. 2d 1013, 1014 (Fla. 5th DCA 2001); G.T. v. Adoption of A.E.T., 725 So. 2d 404, 410 (Fla. 4th DCA 1999). This presumption has been described as “one of the strongest rebuttable presumptions known to law.” G.T., 725 So. 2d at 410; Eldridge v. Eldridge, 153 Fla. 873, 16 So. 2d 163, 163 (1944). It was created to protect the welfa…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Porter & Dietsch, Inc. v. Fed. Trade Comm'n, 445 U.S. 950 (U.S. 1980)
- Osmose Wood Preserving Co. of Am., Inc. v. City of Los Angeles, 445 U.S. 950 (U.S. 1980)
- United States v. Fowler, 605 F.2d 181 (5th Cir. 1979)
- Spaulding v. Est. of Seth N. Frey, 666 So. 2d 935 (Fla. 5th DCA 1995)