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DEPT. OF REV. EX REL. PRESTON v. CUMMINGS

Nos. 2D02-5333, 2D02-5318, 2D02-5279, 2D02-5277, 2D02-5264, 2D02-5261.

871 So.2d 1055 (2004)

DEPARTMENT OF REVENUE, o/b/o Amelia PRESTON, Appellant, v. James (Willie) CUMMINGS, Appellee. Department of Revenue, o/b/o Tina L. Cummings, Appellant, v. Henry J. Stafford, II, Appellee. Department of Revenue, o/b/o Sallie M. Clark, Appellant, v. Larry J. Peruzzi, Appellee. Department of Revenue, o/b/o Sandra Stephens, Appellant, v. Vennis Norris Ellis, Appellee. Department of Revenue, o/b/o Susan Marie Thompson, Appellant, v. William O. Stanton, III, Appellee. Department of Revenue, o/b/o Kelly Inglis, Appellant, v. Christopher E. Hotalen, Appellee.

District Court of Appeal of Florida, Second District.

May 12, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and William H. Branch, Assistant Attorney General, Tallahassee, for Appellants.

No appearance for Appellees James (Willie) Cummings, Henry J. Stafford, II, Larry J. Peruzzi, Vennis Norris Ellis, William O. Stanton, III, Christopher E. Hotalen.

ALTENBERND, Chief Judge.

In these six consolidated cases, the Department of Revenue, on behalf of six mothers, filed complaints against six putative biological fathers seeking to determine paternity and to establish child support for various children. In each case, the mother was married to a man other than the alleged biological father at the time of the child's birth. The circuit court dismissed each complaint for failure to join the legal father, i.e., the mother...

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