Theis v. City of Miami

McDonald, justice.

We review Theis v. City of Miami, 545 So.2d 357, 358-59 (Fla. 1st DCA 1989), in *118which the district court certified the following question as one of great public importance:

Whether the definition of “child” in section 440.02(5), Florida Statutes (1987), and Florida’s public policy favoring the legitimacy of children permits a child born of a legitimate marriage but fathered by someone other than the husband, to be denied death and dependency benefits under section 440.16, Florida Statutes (1987).

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. On the facts of this case we…