DUTILLY v. DEPT. OF HEALTH & REHAB. SERVICES

No. 83-1237.

450 So.2d 1195 (1984)

Allen DUTILLY, Appellant, v. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 11, 1984.


Attorney(s) appearing for the Case

Edward Gay, Orlando, for appellant.

Geraldyne H. Carlton of Carlton & Carlton, P.A., Lakeland, for appellee.


COBB, Judge.

The defendant/putative father appeals a summary judgment entered in favor of the plaintiff/mother in a contested paternity action. We reverse the summary judgment which relied primarily on blood test results and the equivocal nature of the defendant's denial of paternity.

On the motion for summary judgment, the parties presented their depositions. In addition, the plaintiff submitted a report which showed the results of red cell antigens and leucocyte...

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