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PEREGOOD v. COSMIDES

No. 94-1771.

663 So.2d 665 (1995)

Michael Stewart PEREGOOD, a Minor, etc., et al., Appellant, v. James COSMIDES and Serena Peregood, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 7, 1995.

Attorney(s) appearing for the Case

Gary Shader of Shader & Wilson, Maitland, for Appellant Michael Stewart Peregood.

Corey R. Stutin of Corey R. Stutin, P.A., Winter Springs, and Stanton L. Cobb of Stanton L. Cobb, P.A., Orlando, for Appellee James Cosmides.

No appearance for Appellee Serena Peregood.

James A. Sawyer, Jr., District Legal Counsel, Orlando, for Amicus Curiae Department of HRS.

W. SHARP, Judge.

Michael Peregood, a minor, appeals from an order granting his natural father's motion to dismiss Michael's challenge of his adoption by his natural mother. Michael filed a declaratory action to vacate his final judgment of adoption, on the grounds it was a sham. Cosmides, his natural father, challenged Michael's standing to bring the suit. The trial judge dismissed his complaint with prejudice, based on the pleading. We disagree and reverse.

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