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MILLER v. POPKIN

No. 85-2169.

502 So.2d 28 (1987)

Joel MILLER, Appellant, v. Glenn POPKIN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 25, 1987.

Attorney(s) appearing for the Case

Joel Miller of Miller, Squire & Rafferty, Chartered, Fort Lauderdale, for appellant.

David F. Holmes of Braverman & Holmes, Fort Lauderdale, for appellee.

PER CURIAM.

The appellant is an attorney who successfully prosecuted a paternity action against the appellee in the trial court, but was then denied an award of attorneys fees when his client married the appellee and asked that the action be dropped. In our view the legislature specifically contemplated such a situation when it enacted Section 742.091, Florida Statutes (1983):

If the mother of any child born out of wedlock and the reputed father shall at...

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