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LUPTON v. DEPT. OF HLT. & REHAB. SERV

No. 78-2606.

379 So.2d 692 (1980)

Walter LUPTON, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES of the State of Florida As Assignee and Subrogee of the Rights of Sharon Smith, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 1980.

Attorney(s) appearing for the Case

Edgar A. Brown of Lloyd & Brown, Fort Pierce, for appellant.

Osborne Walker O'Quinn, Fort Pierce, for appellee.

MOORE, Judge.

Defendant appeals a final judgment in a paternity action which, inter alia, determined him to be the father of a child born to Sharon Smith. He contends that the evidence was insufficient to support a finding of paternity. We reverse.

The Department of Health and Rehabilitative Services brought this action as assignee and subrogee of the rights of Sharon Smith. During trial, Ms. Smith admitted having intercourse with another man, in addition...

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