Dade County v. Womack

Florida District Courts of Appeal November 20, 1973

Dade County v. Womack, 285 So. 2d 441 (1973)

1973 Fla. App. LEXIS 6383

Barkdull, Dry, Haverfield, Hen

Opinion of the Court

PER CURIAM.

This is an appeal from an order requiring Dade County to pay the costs of publication, which are required under § 62.031 (6), Fla.Stat. F.S.A.

The appellant contends that the court was in error in ruling, as a matter of law, that § 57.081, Fla.Stat. F.S.A. (1971) required the County to pay the cost of publication for indigent parents who wished to change the names of their minor children, when they could not obtain personal service of process upon the missing parent.

We reverse upon the authority of Grissom v. Dade County, Fla.App.1973, 279 So.2d 899, and authorities cited therein,1 and the matter is returned to the trial court for further proceedings not inconsistent herewith.

Reversed and remanded, with directions.

. It is noted that Grissom v. Dade. County, supra, was decided subsequent to the date of the order under review in this matter.

Reference

Full Case Name: DADE COUNTY, Florida v. Ethel M. WOMACK, on her own behalf and on behalf of all others similarly situated, and the State of Florida
Cited By: 1 case
Status: Published