Department of Health & Rehabilitative Services v. Peterman

Florida District Courts of Appeal
Department of Health & Rehabilitative Services v. Peterman, 583 So. 2d 740 (1991)
1991 Fla. App. LEXIS 7735; 1991 WL 138133
Joanos, Miner, Smith

Department of Health & Rehabilitative Services v. Peterman

Opinion of the Court

PER CURIAM.

The Department of Health and Rehabilitative Services (HRS) has appealed an order of the trial court finding that HRS had no standing to represent Richard Shafer in a petition for modification to establish the child support obligation of his former wife. The trial court dismissed the petition for failure to state a cause of action because Shafer did not receive state benefits. We reverse.

The trial court erred in finding that HRS had no standing, see HRS v. Harris, 575 So.2d 726 (Fla. 1st DCA 1991), and in dismissing the petition based on that finding. The order appealed is therefore reversed, and the case remanded for further proceedings on the petition for modification.

JOANOS, C.J., and SMITH and MINER, JJ., concur.

Reference

Full Case Name
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES v. Cynthia PETERMAN
Cited By
1 case
Status
Published