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DEPARTMENT OF REVENUE v. SMATT

No. 95-985.

679 So.2d 1191 (1996)

DEPARTMENT OF REVENUE on Behalf of Beverly GLOVER, Appellant, v. William SMATT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 24, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Ard, Assistant Attorney General, Tampa, and Joanna B. Garrett and Charles L. Carlton of Carlton & Carlton, P.A., Lakeland, for Appellant.

Gregory Esposito, Coral Springs, for Appellee.

THOMPSON, Judge.

The Department of Revenue ("DOR") on behalf of Beverly Glover appeals the order dismissing its complaint in a paternity action. DOR filed the second paternity action after DOR's predecessor, the Department of Health and Rehabilitative Services ("HRS"), voluntarily dismissed the first paternity action involving the same parties. We hold the voluntary dismissal of the first paternity action was equivalent to a dismissal with prejudice by the trial court...

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