HOLMEN v. HOLMEN BY RAHN

No. 96-2079.

697 So.2d 866 (1997)

Barbara J. HOLMEN, as Personal Representative of the Estate of G. Robert Holmen, and Barbara J. Holmen, individually, and Britt Ann Holmen, Robert Christopher Holmen, Mark Eric Holmen and Brigette Ann Holmen, individually, and Fred O. Brownson and Barbara J. Holmen, as Trustees of the G. Robert Holmen Family Living Trust, Appellants, v. Elizabeth Kirsten HOLMEN, by her next friend, Tammy Ellen RAHN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied August 26, 1997.


Attorney(s) appearing for the Case

Charles E. Garris and Lisa D. Harpring of Moss, Henderson, Blanton, Koval & Lanier, P.A., Vero Beach, for appellants.

Thomas C. Houck, Melbourne and Clyde A. Elztroth, Jr. of Peters, Murdaugh, Parker, Elztroth & Detrick, P.A., Hampton, SC, for appellee.


KLEIN, Judge.

The issue presented by this appeal is whether the decedent's written acknowledgment that he was the father of the appellee, Elizabeth Holmen, settled the question of paternity for purposes of intestate succession pursuant to section 732.108, Florida Statutes (1995). Appellants contend that it created only a rebuttable presumption of paternity pursuant to section 742.10(1), Florida Statutes. We affirm a summary judgment holding that section 732.108 controls...

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