Kennelly v. Davis

PEARSON, Judge.

Phyllis Kennelly in a circuit court action filed pursuant to § 742.011, Fla.Stat.,1 F.S.A., sought to establish that Richard E. Davis was the father of her unborn child. This appeal is from a summary judgment2 in favor of Davis.

The appellant was married to John J. Kennelly on May 29, 1963. She was still married to him when the child was conceived in June 1967. They were divorced on July 26, 1967. The present suit was filed in the circuit court on December 13, 1967.

The appellant alleged in her complaint and subsequently in an affidavit that Davis is the only man with whom she…