Alexander L. Bauer v. Jordin Carlson and Taylor A. Butler

Summary

The Fifth District Court of Appeal of Florida reviewed an order denying Alexander Bauer’s motion to intervene and dismissing his petition to disestablish paternity. The court held that Bauer lacked standing to disestablish Butler’s legally established paternity because he was not the legal father and had not alleged fraud, duress, or material mistake of fact concerning the voluntary acknowledgment of paternity. The court affirmed the dismissal and denial of intervention, but reversed the denial with prejudice because it conflicted with the trial court’s oral pronouncement, remanding for the written order to conform.

Holdings

1. Bauer lacked standing to challenge Butler's established paternity because he failed to allege fraud, duress, or material mistake of fact concerning the execution of the voluntary acknowledgment of paternity.
2. The written order denying intervention with prejudice had to be reversed because it differed from the trial court's oral pronouncement denying intervention without prejudice; the oral pronouncement controls.
3. Bauer could not petition to disestablish Butler's paternity because section 742.18 authorizes only the male determined to be the legal father to seek disestablishment.
4. Bauer could not bring an action to determine paternity under section 742.011 because paternity had already been established by law.

Questions Presented

1. Whether Bauer had standing to intervene and challenge Butler's established paternity without alleging fraud, duress, or material mistake of fact in the execution of the voluntary acknowledgment of paternity.
2. Whether Bauer, as the alleged biological father, could petition to disestablish Butler's paternity under section 742.18, Florida Statutes.
3. Whether the written order denying intervention with prejudice had to be reversed because it differed from the trial court's oral pronouncement denying intervention without prejudice.
4. Whether Bauer could bring an action to establish paternity when paternity had already been established by law.

Disposition

reversed_and_remanded