Florida Department of Revenue ex rel. D.H. v. Hannah

The Florida Department of Revenue appeals an order awarding appellee attorney’s fees pursuant to subsection 57.105(1), Florida Statutes (1997). We reverse.

In September 1997, the Department of Revenue filed a complaint against appellee to determine paternity of a 13-year-old child. The complaint further alleged that appellee was responsible for child support. The Department filed the complaint because D. H., the child’s custodian (the maternal grandmother), named appellee as the father of the minor child when applying for public assistance. Appellee denied he was the father. After genetic…