Legal Opinion
Scruggs v. Wilson
District Court of Appeal of Florida
Decided June 29, 1994No. 93-731PublishedCited by 2 opinions
1Opinion of the Court
KAHN, Judge.
Shirley I. Scruggs appeals from a final summary judgment in which the trial court determined that the statute of limitations in section 95.11(3)(b), Florida Statutes (1991), bars her from bringing an action to determine her paternity for purposes of intestate succession. We find that Ms. Scruggs may institute an action to establish her paternity in a probate proceeding and reverse.
Ms. Scruggs was born out of wedlock in 1932. Her birth certificate lists her parents as Emily Isabel Johns and Charles Smith. Charles W. Smith died January 18,1992. On January 28, 1992, his will was…
2Cases cited15 opinions
- Lalli v. LalliSupreme Court of the United States · 1978
- Kluger v. WhiteSupreme Court of Florida · 1973
- Overland Const. Co., Inc. v. SirmonsSupreme Court of Florida · 1979
- Diamond v. ER Squibb and Sons, Inc.Supreme Court of Florida · 1981
- STATE DEPT. OF HEALTH, ETC. v. WestSupreme Court of Florida · 1979
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3Cited by2 opinions
- Wilson v. ScruggsSupreme Court of Florida · 1996
- Holmen v. Holmen ex rel. RahnDistrict Court of Appeal of Florida · 1997