Posted by Nydia Streets of Streets Law in Florida Paternity
When a Florida final judgment of paternity is inconsistent, a party may challenge the judgment by filing a motion for rehearing or ultimately, an appeal. An unclear judgment may be difficult for parties to follow so it is important to clear up any confusion. This was an issue in the case A.A. v. D.W., 2D20-234 (Fla. 2d DCA September 3, 2021).
The father filed a petition to determine paternity. Both the mother and father submitted competing parenting plans to the court. After the hearing, a final judgment was entered which contained inconsistencies. The mother filed a motion for rehearing which was denied, and she appealed.
The appellate court noted that although the mother did not provide a transcript of the final hearing, reversible error was apparent on the face of the judgment, and the court noted “Moreover, an internal inconsistency in a final judgment may warrant reversal and remand for clarification.” The court found “Here, the final judgment is internally inconsistent on its face because the court's written findings set forth in the judgment conflict with the incorporated parenting plan.” The final judgment was therefore reversed.
If you need help with your Florida paternity matter, contact a Miami family law attorney for a consultation.