JAMES P. SIRDEVAN, PETITIONER,
v.
JEFFREY B. STRAND AND NICOLA A. SIRDEVAN, RESPONDENTS

Fla. 1st DCA | 2013-09-19
No. 1D13-1649
LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ., concur.
120 So. 3d 1280 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

James P. Sirdevan, the legal father of the child at issue in this proceeding, petitions for a writ of certiorari seeking review of the trial court’s non-final order denying his motion for summary judgment wherein he challenged Respondent Jeffrey B. Strand’s standing to file a paternity petition. We GRANT the petition and QUASH the trial court’s order. See Slowinski v. Sweeney, 64 So.3d 128, 128-29 (Fla. 1st DCA 2011) (holding that a child born to an intact marriage cannot be the subject of a paternity proceeding brought by a biological father and determining that it was fundamental error for the trial court to grant relief pursuant to a nonexistent cause of action).

LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ., concur.

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Cited By

  • Flynn v. McCRANEY, 199 So. 3d 569 (Fla. 1st DCA 2016)
    …o an intact marriage cannot be the subject of a paternity proceeding brought by a biological father and determining it was fundamental error for the trial court to grant relief pursuant to a nonexistent cause of action); see also Sirdevan v. Strand, 120 So. 3d 1280 (Fla. 1st DCA 2013), rev. denied, 147 So. 3d 527 (Fla.2014) (table). AFFIRMED. WINOKUR, JAY, and WINSOR, JJ., concur.…

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