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IN RE HARTNETT

Bankruptcy No. 04-13613-BKC-RAM, Adversary No. 04-1197-BKC-RAM-A.

330 B.R. 823 (2005)

In re Timothy Patrick HARTNETT, Debtor. Timothy Patrick Hartnett, Plaintiff, v. Sara Mustelier and the Florida Department of Revenue, Defendants.

United States Bankruptcy Court, S.D. Florida.

September 9, 2005.

Attorney(s) appearing for the Case

Robert C. Meyer, Esq., Miami, FL, for Plaintiff.

Frederick F. Rudzik, Assistant General Counsel, Florida Dept. of Revenue, Tallahassee, FL, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

ROBERT A. MARK, Chief Judge.

Prior to the filing of this Chapter 7 case, a state court in Sarasota County, Florida, entered a final judgment against the Debtor for child support. The state court denied Debtor's motion to vacate the judgment as untimely, even though a DNA test established that the Debtor was not the father. The issue in this adversary is whether collateral...

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