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SMITH v. FERNANDEZ

No. 86-1439.

520 So.2d 654 (1988)

David Wayne SMITH, Appellant, v. Jose Antonio FERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

February 23, 1988.

Attorney(s) appearing for the Case

William Y. Sayad, Jr., Miami, for appellant.

Ansel, Simon & Cohn and Donna E. Cohn, Hollywood, for appellee.

Before BARKDULL, NESBITT, and JORGENSON, JJ.

JORGENSON, Judge.

David Wayne Smith appeals from an order of the trial court granting the petition of Jose Antonio Fernandez to adopt Smith's natural son, David. We reverse upon a holding that the record fails to establish by clear and convincing evidence Smith's abandonment of his child.

David was born in 1980 while Smith was married to David's mother, Michelle. Smith and Michelle separated in September, 1982, and...

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