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DAVIS v. HINSON

Nos. 74-453, 74-454.

312 So.2d 222 (1975)

Ola Mae DAVIS, As Administratrix of the Estate of John Henry Hinson, Appellant, v. Christopher HINSON, a Minor by and through His Next Friend and Natural Mother, Dorothy Hinson, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

May 9, 1975.

Attorney(s) appearing for the Case

Joel T. Daves, III, Burdick & Daves, and Richard T. Stierer, West Palm Beach, for appellant.

F. Malcolm Cunningham, Cunningham & Cunningham, West Palm Beach, for appellee Christopher Hinson, a minor.

PER CURIAM.

The depositive issue in this case is whether Christopher Hinson is the natural child of the decedent, John Henry Hinson. This is a factual issue upon which there is conflicting evidence other than the natural mother's testimony. For that reason it was error to decide the matter on the basis of summary judgment procedure. Holl v. Talcott, Fla. 1966, 191 So.2d 40.

The summary judgment is reversed and this cause...

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