Legal Opinion

Jackson v. Layne

District Court of Appeal of Florida

Decided February 12, 1985No. 84-847PublishedCited by 1 opinion

1Opinion of the Court

BASKIN, Judge.

We reverse the trial court’s order dismissing with prejudice Jackson’s cause of action seeking to determine paternity and to obtain child support. The trial court based its dismissal on Jackson’s failure to submit to a blood test and upon her failure to identify appellee Layne’s photograph.

The record fails to indicate that Jackson willfully disregarded a written order requiring the parties tb submit to blood tests. Furthermore, the trial court failed to afford Jackson an additional opportunity for compliance. Thus, no logical basis for the severe sanction of dismissal with…

2Cases cited6 opinions

  1. Watson v. PeskoeDistrict Court of Appeal of Florida · 1981
  2. Hurley v. WerlyDistrict Court of Appeal of Florida · 1967
  3. BEAVER CRANE SERV. v. National Surety Corp.District Court of Appeal of Florida · 1979
  4. Goldstein v. GoldsteinDistrict Court of Appeal of Florida · 1973
  5. Hamilton v. Millnul AssociatesDistrict Court of Appeal of Florida · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Michniak v. MichniakDistrict Court of Appeal of Florida · 1992

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