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STATE, DEPT. OF REV. EX REL. BAGGS v. PATE

No. 1D01-3455.

824 So.2d 1038 (2002)

STATE of Florida, DEPARTMENT OF REVENUE, on Behalf of Shirley Evonne BAGGS, Appellants, v. Paul D. PATE, Appellee.

District Court of Appeal of Florida, First District.

September 3, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Louis F. Hubener, Assistant Attorney General, Tallahassee; and Jon J. Johnson, Assistant Attorney General, Tampa, for Appellants.

No appearance, for Appellee.

WOLF, J.

The Department of Revenue on behalf of Shirley Baggs is appealing the trial court's order dismissing a paternity case against appellee, the putative father of Ms. Baggs' child. The issue in this case is whether a husband/legal father whose name is on the child's birth certificate is an indispensable party in a proceeding brought against a putative father to determine paternity. We find that the trial court erred in dismissing this case for failure to join...

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