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IN THE CIRCUIT COURT OF THE
19TH JUDICIAL CIRCUIT, IN A'VD
FOR ST, LUCIE COUNTY, FLORIDA
CASE N0: 80-167-FR
BEN CHARLES MILLER, JR.,
Plaintiff,
vs .
DEBORAH ELAINE WATERFIELD, l
Defendant ~ j
O R D E R
THIS CAUSE having come on for hearing upon .defendant's motion to
dismiss, and the Court having heard argument of counsel to the effect
that the case should be dismissed in light of Ford v. Loeffler 363 So. 2d 23
in which Section 742 precludes/putative father of availing himself of the
courts of this state; although this court is persuaded by other district
courts of appeal, the court feels that it is obligated only to following
the cases of the Fourth District Court of Appeal and the Supreme Court;
it is therefore .
Ii ORDERED AND ADJUDGED that the defendant's motion to dismiss is
denied and she shall have fifteen (15) days in which to answer the
Complaint filed herein.
f
4
ORDERED at Vero Beach, Florida, this 17th day of April, 1980. .
i-
CIRCUIT JUDGE
Copies furnished to:
i
Jacqueline L. Russakis, Esquire
Charles A. Sullivan, Jr., Esquire
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