Joseph Bryan Flynn v. Amber McCraney and Christopher McCraney ( 2016 )


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  •                                       IN THE DISTRICT COURT OF APPEAL
    FIRST DISTRICT, STATE OF FLORIDA
    JOSEPH BRYAN FLYNN,                   NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    Appellant,                      DISPOSITION THEREOF IF FILED
    v.                                    CASE NO. 1D15-5802
    AMBER MCCRANEY AND
    CHRISTOPHER MCCRANEY,
    Appellees.
    _____________________________/
    Opinion filed September 19, 2016.
    An appeal from the Circuit Court for Escambia County.
    Jan Shackelford, Judge.
    Autumn O. Beck, Pensacola, for Appellant.
    No Appearance for Appellees.
    PER CURIAM.
    Joseph Bryan Flynn appeals the trial court’s final order adopting the general
    magistrate’s Report and Recommendation dismissing Flynn’s petition seeking to
    establish paternity, time-sharing, and other related relief. Because the minor child
    was born to the intact marriage of Amber and Christopher McCraney, we affirm the
    final order in all respects. See Slowinski v. Sweeney, 
    64 So. 3d 128
    , 128-29 (Fla.
    1st DCA 2011) (holding that a child born to an intact marriage cannot be the subject
    of a paternity proceeding brought by a biological father and determining it was
    fundamental error for the trial court to grant relief pursuant to a nonexistent cause of
    action); see also Sirdevan v. Strand, 
    120 So. 3d 1280
     (Fla. 1st DCA 2013), rev.
    denied, 
    147 So. 3d 527
     (Fla. 2014) (table).
    AFFIRMED.
    WINOKUR, JAY, and WINSOR, JJ., CONCUR.
    2
    

Document Info

Docket Number: 15-5802

Filed Date: 9/25/2016

Precedential Status: Precedential

Modified Date: 4/17/2021