T.B. v. M.M.

ALTENBERND, Judge.

T.B. appeals an order dismissing his paternity action, which alleged that he was the father of M.M.’s child. The trial court dismissed the action because M.M. married another man after she was served with the paternity action and the second man acknowledged that he was the father of the child. The second man is not a party to this lawsuit. We reverse because we conclude that neither existing case law nor the provisions in section 742.091, Florida Statutes (2004), compels dismissal of this action.

M.M. had a relationship with T.B. and lived with him for approximately two…