CESAR MUREL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hooks v. Laytoya Quaintance, 71 So. 3d 908 (Fla. 1st DCA 2011)
  …been discovered in time to move for a trial or rehearing. Prior to the enactment of section 742.18, the only remedy for males to challenge paternity was to bring an action pursuant to Florida Rule of Civil Procedure 1.540. See Johnston v. Johnston, 979 So. 2d 337, 338 (Fla. 1st DCA 2008). The Florida Legislature clearly borrowed this term from Rule 1.540 and placed it in the language of section 742.18. Courts have stated that rule 1.540(b), however, “does not have as its purpose or intent the reopening of la…
• State v. Young, 995 So. 2d 1080 (Fla. 1st DCA 2008)
  …ection 742.18, Florida Statutes (2007). This court recently noted that the plain language of section 742.18 establishes a new cause of action in situations where a father has newly discovered evidence on the issue of paternity. Johnston v. Johnston, 979 So. 2d 337, 338 (Fla. 1st DCA 2008). Under section 742.18, Florida Statutes, a petition for disestablishment of paternity must include: (a) An affidavit executed by the petitioner that newly discovered evidence relating to the paternity of the child has come…
• Aulet v. Jinny M. Castro, 44 So. 3d 140 (Fla. 3d DCA 2010)
  …ontrary to the former husband’s argument, the plain language of the statute makes clear that scientific testing is indeed a mandatory requirement for a trial court to consider and grant a petition to disestablish paternity. See Johnston v. Johnston, 979 So. 2d 337, 338 (Fla. 1st DCA 2008) (“[Section 742.18] clearly establishes the necessary allegations, requisite trial court findings, and conduct that would prohibit disestablishing paternity.”) This Court has already held that when the petitioner relies upon…

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Authorities Cited

• State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)