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STEWART v. DEPT. OF REV.

No. 96-174.

695 So.2d 831 (1997)

Lloyd STEWART, Appellant, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA, CHILD SUPPORT ENFORCEMENT PROGRAM on Behalf of Janet COOPER, Appellee.

District Court of Appeal of Florida, Fifth District.

June 16, 1997.

Attorney(s) appearing for the Case

Kevin K. Dixon, of Brannen, Stillwell & Perrin, P.A., Inverness, for Appellant.

Joanna B. Conner and Charles L. Carlton of Carlton & Carlton, P.A., Lakeland and Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Ard, Assistant Attorney General, Tampa, for Appellee Florida Department of Revenue on Behalf of Janet Cooper.

HARRIS, Judge.

This action commenced as an action by the Department of Revenue on behalf of the mother to collect child support arrearages under a Pennsylvania judgment. In our view, by ordering Mr. Stewart to pay child support, the Pennsylvania court determined that he was the father of the child. Mr. Stewart did not appeal that decision. He now urges in the case below that although he was aware of the Pennsylvania case and had the opportunity to defend, he did not...

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