Pucci v. Johnson (1st DCA) 

The First District Court of Appeal reversed and remanded a final judgment incorporating the parties’ marital settlement agreement where the agreement and the final judgment failed to distribute all of the parties’ identified assets.  The Court made it clear that the agreement would remain enforceable, but that the trial court must address these remaining assets as well.

Fahey v. Fahey (1st DCA)

During the parties’ divorce case, the husband learned that the parties’ child was not his.  As part of the parties’ settlement agreement, they stipulated to the husband’s non-paternity, which was incorporated into a final judgment.

Thereafter, the child’s real father (Pearce) sought to establish his parental rights in Georgia.  The husband and the wife then remarried and attempted to intervene in the Georgia case, with the husband seeking to reestablish himself as the child’s legal father.  The Georgia court found that the husband’s paternity was disestablished by the original final judgment and entered an order finding that Pearce was the child’s legal father.

The husband and wife then sought to set aside the final judgment of divorce, arguing that their prior stipulation was an improper termination of the husband’s parental rights.

The First District disagreed, finding that the stipulation was a disestablishment of paternity and not a termination of rights, and that the final judgment was not voidable as a result thereof.  The Court also noted that this would not normally terminate the husband’s status as the child’s legal father, but that because Georgia had found that Pearce was the legal father, Florida had to afford full faith and credit to that determination.