Dixon v. Bellamy
Dixon v. Bellamy, --- So.3d DCA 2018 (Fla. 4d DCA 2018)
This decision clarifies the statute of limitations for determining paternity for purposes of intestacy in a probate proceeding. Prior to 2009, there was a four year statute of limitations from a person's 18th birthday to bring a proceeding to determine paternity. In 2009, F.S. 732.108 was amended to eliminate the four year statute of limitations imposed by F.S. 95.11(3) on paternity determinations in a probate proceeding to determine intestate succession going forward. Because there is no explicit language in the amended statute creating a new cause of action, the Court held that all causes of action accruing before the statute was amended are subject to the four year statute of limitations.