Stephen C. Rose, Appellant, v. Meredith Sonson and Jennifer Sonson, as Co–Personal Representatives of the Estate of Stephen R. Sonson, Appellees.

Summary

The court held that a paternity claim brought in probate for intestate succession was time-barred by the four-year statute of limitations in § 95.11(3)(b), which runs from the child’s majority, following In re Estate of Smith. The 2009 amendment to § 732.108(2)(b) eliminating that limitations bar for probate paternity determinations does not apply retroactively, and even if it did, it could not revive an already extinguished claim because a constitutionally protected property right to be free from the claim had vested. The dismissal of the paternity counter-petition was affirmed.

Holdings

1. Rose's paternity claim is barred because more than four years had passed since he reached the age of majority.
2. The 2009 amendment does not apply retroactively because the Legislature did not express clear intent for retroactive application, and applying it retroactively would violate due process by reviving an extinguished claim.

Questions Presented

1. Whether Rose's paternity claim was barred by the four-year statute of limitations in section 95.11(3)(b), Florida Statutes (1986).
2. Whether the 2009 amendment to section 732.108(2)(b), which eliminated the limitations bar for paternity determinations in probate proceedings relating to intestate succession, applies retroactively to revive Rose's claim.
3. If retroactive, whether the 2009 amendment could revive a claim already extinguished by the prior statute of limitations.

Disposition

affirmed