DEPARTMENT OF REVENUE v. MARTINEZ

No. 4D99-0366.

756 So.2d 1060 (2000)

The DEPARTMENT OF REVENUE and Edwina Deskin, Appellants, v. John MARTINEZ, Appellee.

District Court of Appeal of Florida, Fourth District.

April 12, 2000.


Attorney(s) appearing for the Case

Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for appellants.

Ralph Mabie, Jr. of The Law Office of Mabie and Mabie, West Palm Beach, for appellee.


WARNER, C.J.

We reverse the final summary judgment determining that the appellee continues to be totally disabled and unable to pay child support to the appellant. We find that the appellee's ability to pay child support is a disputed issue of fact.

In August of 1996, the court entered a final judgment of paternity, finding that the appellee was the father of appellant's child but determined also that the father was totally and permanently disabled. Thus,...

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