LANDER v. SMITH

No. 4D04-1547.

906 So.2d 1130 (2005)

Mark S. LANDER, Appellant, v. Carolyn L. SMITH, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 11, 2005.


Attorney(s) appearing for the Case

Lewis Kapner of the Law Offices of Lewis Kapner, P.A., West Palm Beach, and Esther G. Tamburo of Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, DC, for appellant.

Neil Jagolinzer and Jeffrey M. Clyman of Christiansen & Jacknin, West Palm Beach, for appellee.


PER CURIAM.

Mark Lander seeks to establish paternity over a child he fathered with Carolyn Smith while she was married to, but separated from, Adam Meyers. The trial court granted a motion to dismiss and a summary judgment based mainly on Florida's presumption of legitimacy regarding children born during an intact marriage. Lander appeals contending that the presumption of legitimacy should not bar him from establishing paternity under the facts of this case. We agree...

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