McQueen v. Stratton

389 So. 2d 1190 (Fla. Dist. Ct. App. 1980) · District Court of Appeal of Florida, Second District · October 1, 1980 · No. No. 80-175

Summary

The Florida Second District Court of Appeal affirmed a final judgment of paternity against Robert N. McQueen. The court upheld admission of Human Leukocyte Antigen testing, the award of $650 per month in future child support, and the award of past child support totaling $40,300.

Holdings

  1. A putative father may be compelled to submit to HLA testing when the mother has shown good cause, and the trial court properly determined that Stratton had shown good cause.
  2. The HLA test results were properly admissible at trial under the rule adopted from Carlyon v. Weeks.
  3. The award of past child support from the date of birth in the amount of $650 per month was not an abuse of discretion.
  4. The trial court did not abuse its discretion in awarding $650 per month in future child support.

Questions Presented

  1. Whether the trial court properly admitted HLA test results as evidence bearing on paternity.
  2. Whether the trial court erred in awarding past child support from the child's birth under section 742.041, Florida Statutes (1979).
  3. Whether the trial court abused its discretion by awarding $650 per month in future child support.

Disposition

affirmed

Cases Cited (2)

  • Simons v. Jorg, 384 So. 2d 1362 (Fla. 2d DCA 1980)(followed)
  • Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980)(adopted)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…