Johnson v. Johnson, s. 80-1779
| Decision Date | 25 March 1981 |
| Docket Number | 80-1778,Nos. 80-1779,s. 80-1779 |
| Citation | 395 So.2d 640 |
| Parties | Debra S. JOHNSON, Appellant, v. Danny P. JOHNSON, Appellee. Evelyn Aasen RIGGS, Appellant, v. Paul W. RIGGS, Appellee. |
| Court | Florida District Court of Appeals |
Geraldyne H. Carlton, of Carlton & Carlton, P. A., Lakeland, and Robert C. Miller, Bradenton, for appellants Johnson and Riggs.
John D. Pettigrew, Palmetto, and Douglas A. Wallace, Bradenton, for appellees Johnson and Riggs.
Petitioners each seek a writ of certiorari.
Prior to entry of the challenged orders, the trial court had entered final judgments of dissolution of marriages in each of these cases. It had dissolved the Johnson marriage on April 19, 1977, and the Riggs marriage on February 23, 1976.
In the Johnson case the former husband signed a stipulation agreeing to support the minor child born during the marriage. In the Riggs case the former husband entered into a property settlement agreement with his former wife in which he agreed to pay child support for the minor child born during that marriage. The court approved both the stipulation and the property settlement agreement and awarded child support in each case. Neither judgment was appealed.
In 1979 each of the former wives filed a petition for enforcement of child support. Each husband responded by requesting the court to order his former wife and her child to submit to physical examinations to determine their blood types. The husbands were attempting to exclude themselves as the father of the children on the basis of the newly developed Human Leukocyte Antigen blood test. On August 28, 1980, the trial court, in each case, ordered the wife and child to submit to physical examinations.
Each of the wives now seeks a writ of certiorari on the ground that the court departed from the essential requirements of law in ordering her and her child to submit to physical examinations to determine paternity more than three years after the judgment of dissolution. We agree.
If a husband has doubts concerning the paternity of a child born during the marriage, he should raise and resolve that question during the dissolution proceedings. Here, the issue of each child's paternity was resolved in the final judgments of dissolution. Those judgments are res judicata inasmuch as they involved an identity of causes of action and parties and involved the same issue as the husbands now attempt to relitigate. De Weese v. Unick, 102 Cal.App.3d 100, 162...
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