IN RE ESTATE OF W. E. MAHAFFEY

Citator

Cited By

• Lucinda Stratton v. McQUEEN, 337 So. 2d 1024 (Fla. 2d DCA 1976)
  …ust be remanded for trial. Holl v. Talcott, Fla.1966, 191 So. 2d 40; Jones v. Stoutenburgh, Fla. 1957, 91 So. 2d 299; Crepaldi v. Wagner, Fla.App.lst 1961, 132 So. 2d 222. Yarmark v. Strickland, Fla.App.3d 1966, 193 So. 2d 212, cert. den., Fla.1967, 201 So. 2d 559, which was relied upon below, and which involved the reversal of a judgment of paternity rendered after trial, on the ground that it was based on mere speculation and conjecture, is on point neither procedurally nor factually. REVERSED and REMANDED…
• ROE v. Macy, 363 So. 2d 616 (Fla. 1st DCA 1978)
  …ng in the record. It appears, therefore, that the trial court’s unexplicated judgment for appellee is contrary to the manifest weight of the evidence before the court. Contrast Yarmark v. Strickland, 193 So. 2d 212 (Fla.3d D.C.A.1967), cert. denied, 201 So. 2d 559 (Fla.1967), in which medical or scientific evidence was lacking. Nor is this a case in which the putative father asserted that the mother may have had sexual relations with others unnamed, and the trial court found that her testimony denying it was…
• State v. Kelly, 487 So. 2d 385 (Fla. 2d DCA 1986)
  …established, and entered an order dismissing the complaint with prejudice. We reverse. Upon review, we hold that the manifest weight of the evidence establishes paternity. See Yarmark v. Strickland, 193 So. 2d 212 (Fla. 3d DCA 1966), cert. denied, 201 So. 2d 559 (Fla.1967). The testimony of Ayala, her brother, and her mother, along with the human leukocyte antigen (HLA) test results which indicated a 97.7% probability of paternity overwhelmingly refutes Kelly’s testimony that he did not have intercourse wit…