LUCINDA STRATTON, APPELLANT,
v.
ROBERT N. MCQUEEN, APPELLEE
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SCHWARTZ, ALAN R., Associate Judge.
It is apparent that the defendant-appellee in .this paternity action did not meet the burden of conclusively establishing that no genuine issue existed concerning the material issue of whether he was the father of the appellant’s child. The summary judgment entered in his favor therefore plainly cannot stand and the cause must 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.
McNULTY, C. J., and HOBSON, J., concur.
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Cited By (23 total)
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State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978)…to view, with nothing more, is insufficient to justify an individual’s detention. Coladonato v. State, 348 So. 2d 326 (Fla.1977); Lower v. State, 348 So. 2d 410 (Fla.2d DCA 1977); Stanley v. State, 327 So. 2d 243 (Fla.2d DCA 1976); Vollmer v. State, 337 So. 2d 1024 (Fla.2d DCA 1976). In the present case, however, there were numerous factors which, when interpreted in the light of Officer Ludwig’s knowledge of the area and of a previous crime, gave foundation to his suspicion: It was Sunday, and late at night —…
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Slydell v. State, 792 So. 2d 667 (Fla. 4th DCA 2001)…alysis that the napkin turned out to contain cocaine. Only the facts known to the officers at the time of the stop are relevant to a determination of reasonable suspicion. See Ward v. State, 453 So. 2d 517 (Fla. 2d DCA 1984)(citing Vollmer v. State, 337 So. 2d 1024 (Fla. 2d DCA 1976), petition for review dismissed, 347 So. 2d 432 (Fla.1977), for the principle that nothing that transpires after the initial stop can be used to validate the unlawful stop). . Wardlow, 528 U.S. at 126, 120 S.Ct. 673.…
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Mullins v. State, 366 So. 2d 1162 (Fla. 1978)…r writ of certiorari to review the decision of the District Court of Appeal, Third District, in Mullins v. State, 353 So. 2d 605 (Fla. 3d DCA 1977), which allegedly conflicts with Coladonato v. State, 348 So. 2d 326 (Fla.1977), and Vollmer v. State, 337 So. 2d 1024 (Fla. 2d DCA 1976). The issue presented is whether a policeman may stop and question a person on a bare suspicion of illegal activity. We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. A police officer observed peti…
Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Jones v. Stoutenburgh, 91 So. 2d 299 (Fla. 1956)
- Yarmark v. Strickland, 193 So. 2d 212 (Fla. 3d DCA 1966)
- Crepaldi v. Wagner, 132 So. 2d 222 (Fla. 1st DCA 1961)
- In re Est. of W. E. Mahaffey, 201 So. 2d 559 (Fla. 1967)
- Mach. Trading Corp. of Fla. v. Nicholas, 201 So. 2d 559 (Fla. 1967)