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Court rules Delray teen's biological dad can't sue over shooting death
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sun-sentinel.com
January 31, 2007, 12:49 PM EST
WEST PALM BEACH -- The biological father of Jerrod Miller has no
legal right to sue on behalf of the 16-year-old's estate,
according a ruling released on Wednesday by the 4th District Court
of Appeal.
The appeals court affirmed a lower court's ruling that Kenneth Miller was the father of Jerrod by an earlier judgment of paternity. Jerrod was shot and killed by a Delray Beach police officer in February 2005.
Jerrod's biological father Terry Glover appealed that ruling. His attorney could not be immediately reached for comment on whether Glover will ask for a rehearing or a appeal to the Florida Supreme Court.
"Miller is Jerrod's father in the eyes of the law, regardless of the results of DNA testing," the appeals court ruled.
Miller's attorney, T.J. Cunningham, said a wrongful-death lawsuit will be filed against the city of Delray Beach as soon as he receives legal documents confirming that Miller is the personal representative of the estate.
Jerrod died from a shot to the head fired by a rookie police officer as the unlicensed teen drove his uncle's Cadillac down a narrow breezeway of the Delray Full Service Center.
Florida law gives parents the right to represent a child's estate in a wrongful-death suit. Gwen Cornelius -- mother of Jerrod and twin brother Sherrod Miller -- died in 2003. In 1995, Miller was named the boys' legal father in a default judgment after failing to appear for a child support and paternity hearing.
Staff Writer Missy Diaz contributed to this report.
The appeals court affirmed a lower court's ruling that Kenneth Miller was the father of Jerrod by an earlier judgment of paternity. Jerrod was shot and killed by a Delray Beach police officer in February 2005.
Jerrod's biological father Terry Glover appealed that ruling. His attorney could not be immediately reached for comment on whether Glover will ask for a rehearing or a appeal to the Florida Supreme Court.
"Miller is Jerrod's father in the eyes of the law, regardless of the results of DNA testing," the appeals court ruled.
Miller's attorney, T.J. Cunningham, said a wrongful-death lawsuit will be filed against the city of Delray Beach as soon as he receives legal documents confirming that Miller is the personal representative of the estate.
Jerrod died from a shot to the head fired by a rookie police officer as the unlicensed teen drove his uncle's Cadillac down a narrow breezeway of the Delray Full Service Center.
Florida law gives parents the right to represent a child's estate in a wrongful-death suit. Gwen Cornelius -- mother of Jerrod and twin brother Sherrod Miller -- died in 2003. In 1995, Miller was named the boys' legal father in a default judgment after failing to appear for a child support and paternity hearing.
Staff Writer Missy Diaz contributed to this report.
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