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STRATTON v. McQUEEN

No. 76-15.

337 So.2d 1024 (1976)

Lucinda STRATTON, Appellant, v. Robert N. McQUEEN, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 25, 1976.

Attorney(s) appearing for the Case

Gary A. Kahle, of Olmsted, Schwarz & Kahle, Port Charlotte, for appellant.

Britt Whitaker, Tampa, for appellee.

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

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