The 2023 Florida Statutes (including Special Session C)
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. . . heirship because the Florida Legislature carved out a new cause of action in the 2009 amendment to section 732.108 . . . The Rose court held that the Florida Legislature did not make the amendment to section 732.108(2)(b) . . . As Rose provides, This is so because by the time the 2009 amendment to section 732.108(2)(b) took effect . . . Thus, while section 732.108(2) (b) as amended in 2009 provided relief to similarly situated individuals . . . Accordingly, as there is no explicit statutory language in the 2009 amendment to section 732.108(2)(b . . .
. . . Statute (1986), the applicable statute of limitations; second, because the 2009 amendment to section 732.108 . . . intestate succession, does not apply retroactively; and, third, even if the 2009 amendment to section 732.108 . . . Rather, reasoning that because section 732.108(2)(b) did not expressly remove paternity adjudications . . . See Ch. 2009-115, § 2, at 1508, Laws of Fla.; § 732.108(2)(b), Fla. . . . Thus, while section 732.108(2)(b) as amended in 2009 provided relief to similarly situated individuals . . .
. . . Respective Shares on July 28, 2014, implementing an intestate succession plan pursuant, to section 732.108 . . .
. . . Pursuant to sections 63.172 and 732.108, Florida Statutes, "an adoption terminates the legal relationship . . .
. . . . § 732.108(2), provides that, “[f]or the purpose of intestate succession,” a child born out-of-wedlock . . . However, Fla.Stat. § 732.108(2) only applies in the limited context of intestate succession. . . . Admittedly, the State Department’s own Foreign Affairs Manual refers to Fla.Stat. § 732.108(2) as a means . . . The language of Fla.Stat. § 732.108(2) is what controls, and that language limits the applicability of . . .
. . . testing is authorized for a determination of paternity for a person born out of wedlock under section 732.108 . . . this case, the guardian for Madelin properly sought an adjudication of paternity pursuant to section 732.108 . . . Madelin filed a second motion, this time citing section 732.108(2)(b), Florida Statutes (2005), which . . . After a hearing, the court, citing section 732.108, granted Madelin’s motion. . . . See § 732.108(2). . . . See § 732.108(2)(b). . . . Section 732.108(2)(b) provides: (2) For the purpose of intestate succession in cases not covered by subsection . . .
. . . delayed in filing an inventory list, that counsel for the estate did not provide proof under section 732.108 . . .
. . . Section 732.108, Florida Statutes (2006) provides: (1) For the purpose of intestate succession by or . . . Jerrod was a lineal descendant of Miller within the meaning of section 732.108(2)(b), so he is an heir . . . Section 732.108(2)(b) does not create a separate independent cause of action to establish paternity. . . .
. . . It found that Fagan had not offered any evidence to comply with the requirements of section 732.108(2 . . . Section 732.108(2) provides: (2) For the purpose of intestate succession in cases not covered by subsection . . .
. . . . § 732.108(2)(b), Fla. Stat. (1985). . § 768.18(1), Fla. Stat. (2000). . . .
. . . order denying her petition which sought a determination that she was a lineal descendant under section 732.108 . . . Appellant argues that the trial court erred in ruling (i) that a proceeding under section 732.108(2)( . . . We agree with the trial court that a proceeding under section 732.108(2)(a) is an action relating to . . . The instant action was brought under subparagraph (a) of section 732.108(2). . . . Ann. 59 (West 1995)(annot. to § 732.108, Fla. . . .
. . . The intestate succession of children born out of wedlock is governed by Florida Statutes § 732.108(2) . . . Fla.Stat. § 732.108(2)(c) requires no particular form of written acknowledgment. . . .
. . . protection grounds statute rendering illegitimate child ineligible to inherit from father by intestacy); § 732.108 . . .
. . . the child of Wilmer by Wilmer’s former employee], the trial court apparently did not consider section 732.108 . . . However, the standard of proof under section 732.108(2)(b) should be clear, strong and unequivocal, that . . . Since the trial court did not consider the evidence in terms of section 732.108(2)(b), we reverse and . . .
. . . Holmen, settled the question of paternity for purposes of intestate succession pursuant to section 732.108 . . . We affirm a summary judgment holding that section 732.108 controls. . . . The mother then moved for summary judgment grounded on section 732.108(2), which provides: (2) For the . . .
. . . 95.11(3)(b) did not apply to bar Scruggs from bringing a paternity action in probate under section 732.108 . . . The court reasoned that section 732.108(2)(b), which was enacted in 1974, created a new statutory cause . . . Nor do we agree that section 732.108(2)(b) creates a separate and distinct statutory cause of action . . . Odom, however, was concerned with reconciling section 732.108(2)(b), which allows an adjudication of . . . We also disagree with the premise that section 732.108(2)(b) creates an independent cause of action. . . .
. . . .” § 732.108(2)(b), Fla.Stat. (1991) (e.s.). . . . Section 732.108(2)(b) does not by its terms require the adjudication of paternity by an action pursuant . . . by the trial judge, section 95.11(3)(b), applies to the present action, brought pursuant to section 732.108 . . . Florida, the legislature has already decided that paternity may be proven after the father’s death. § 732.108 . . .
. . . contending, in essence, that Christopher was not a lineal descendant within the meaning of section 732.108 . . . See section 732.108(2)(a) and (c). . . . However, the standard of proof under section 732.108(2)(b) should be clear, strong and unequivocal, that . . . Since the trial court did not consider the evidence in terms of section 732.108(2)(b), we reverse and . . . manner, we do not reach Christopher Breed-love’s point challenging the constitutionality of section 732.108 . . .
. . . Trustee alleges in the Amended Complaint that § 732.108 Fla. . . . At trial, Trustee receded from this position when the Court pointed out that § 732.108 Fla. . . .
. . . Florida Statute section 732.108 governs intestate succession and the inheritance rights of persons born . . . Fla.Stat.Ann. § 732.108(2)(b)-(c) (Supp. 1989). . . .
. . . appellant contends that Nicole cannot be “one of the natural kindred of the deceased” under section 732.108 . . . Williams and Jerrido, however, although decided in 1976, interpreted not section 732.108, Florida Statutes . . .
. . . Section 732.108(2), Florida Statutes (1985), makes children born out of wedlock the lineal descendants . . .
. . . age, claimed to be entitled to an interest in the estate as an illegitimate heir, pursuant to section 732.108 . . .
. . . In reaching its conclusion that Perry should share in the estate under sections 63.172(2), 732.108(1) . . . recognized in both the Florida Adoption Act (F.S. § 63.172(2)) and the Florida Probate Code (F.S. § 732.108 . . . children by blood for inheritance purposes, the term “natural”, as used in Florida Statute Section 732.108 . . .
. . . The response further alleged that pursuant to section 732.108(2), Florida Statutes (1985), all the minor . . .
. . . See § 732.108(2), Fla.Stat. . . . .
. . . (unintelligible)” satisfies the acknowledgment requirement of Section 732.108(2)(c), Florida Statutes . . .
. . . Pursuant to section 732.108(2)(b), Florida Statutes (1979), appellant Donna D. . . . over the arguments of appellant that In re Estate of Burris, 361 So.2d 152 (Fla.1978), and section 732.108 . . . Although this court in Bell discusses the possibilities of an action under section 732.108(2)(b) for . . . As this court in Bell pointed out, clearly the legislature by enacting section 732.108(2)(b) intended . . . There the court examined section 731.29(1), Florida Statutes (1973), the predecessor to section 732.108 . . .
. . . However, pursuant to sections 63.172 and 732.108, Florida Statutes (1979), which were in effect at the . . . The probate court further found that if section 732.108, Florida Statutes (1979), was applied to deprive . . . applied in this case did not deprive Ray Alan of any vested rights and therefore sections 63.172 and 732.108 . . .
. . . for judgment on the pleadings was filed and heard by the trial judge, before whom it was urged that § 732.108 . . . was correctly decided by the trial court in holding that Ralph Donald falls within the purview of § 732.108 . . . abundance of statistical information regarding the increase of illegitimacy and the social reasons why § 732.108 . . . it holds the statute is constitutional and that Ralph Donald Wilburn comes within the purview of § 732.108 . . .
. . . conclusion that to find against the natural son would require a retrospective application of Section 732.108 . . . Retrospective application of Section 732.108(1) would have occurred only if the date of death had been . . .
. . . Section 732.108(1), Florida Statutes (1979), provides: For the purpose of intestate succession by or . . . 1470, 131 So. 400 (1930). 28 Am.Jur.2d Estates § 276 (1966). 80 Am.Jur.2d Wills § 1434 (1975). . § 732.108 . . . The court said this statute was based on the first adoption statute in Florida of 1885. . § 732.108(1 . . . In re Levy’s Estate, 141 So.2d 803 (Fla. 2d DCA 1962) was clearly “overruled” by § 732.108(1), Fla.stat . . .
. . . Moreover, there is another statute, Section 732.108, Florida Statutes (1979), which deals with the effect . . .
. . . Section 732.108(2)(b), Florida Statutes (1977). . . .
. . . Section 732.108(2)(b), Florida Statutes (1977), states that a person born out of wedlock is a lineal . . .
. . . This new statutory modification, Section 732.108, Florida Statutes (1977), did not take effect until . . . Section 732.108(2), Fla.Stat. (1977) states: For the purpose of intestate succession in cases not covered . . .
. . . .-29, Fla.Stat.1973, was a part; that now under § 732.108, Fla.Stat.1975, (the new code) no written acknowledgment . . . of parentage is necessary; that the probate court should have recognized § 732.108, Fla.Stat. 1975, . . . The appropriate statute under the new Code, § 732.108 provides in pertinent part as follows: “Adopted . . .
. . . Section 732.108, Florida Statutes, Chapter 74-106, Laws of Florida, permits a child born out of wedlock . . . also be deprived from inheriting from either father in case of intestacy under the provisions of § 732.108 . . .