MICHAEL J. HEATHER
v.
CHAD SPENCER AND AMANDA C. WATSON
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Michael Heather appeals the trial court's denial of his petition to establish paternity, challenging a voluntary acknowledgment of paternity. The appellate court agreed that the trial court erred by denying the petition despite finding the acknowledgment was procured by fraud, and reversed the decision.
The appellate court held that the trial court erred in denying the petition to establish paternity. Based on the undisputed evidence and the trial court's finding of fraud, the basis for denying the petition was in error.
[1] A fraudulently induced voluntary acknowledgment of paternity does not create a presumption of paternity that cannot be rebutted, and a trial court errs in sustaining such…
Previewing 1 of 1 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“the trial court erred when it determined he failed to meet his burden to rebut the presumption of paternity even though the trial court expressly found that the voluntary acknowledgement was the product of fraud”
States the core error: the trial court's contradictory findings regarding fraud and the burden of proof for paternity establishment
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA voluntary acknowledgment of paternity was executed by Appellees Chad Spencer and Amanda C. Watson. The trial court conducted proceedings on Heather'…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Appellant appeals the trial court’s order denying his petition to establish paternity that challenged a voluntary acknowledgment of paternity by Appellees. Appellant argues that the trial court erred when it determined he failed to meet his burden to rebut the presumption of paternity even though the trial court expressly found that the voluntary acknowledgement was the product of fraud. See § 742.10(1), (4), Fla. Stat. (2023). We agree.
Based upon the undisputed evidence and the trial court’s finding of fraud, the basis for denying the petition was in error. We therefore reverse and remand for further proceedings.
REVERSED and REMANDED. LAMBERT, EISNAUGLE, and SOUD, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.