State, Department of Revenue v. Hartsell

Summary

The Florida Department of Revenue sought certiorari review of an order requiring genetic testing of a minor child in a paternity and child-support proceeding. The court held that the legal father’s pleadings substantially complied with Florida’s paternity-disestablishment statute, but the trial court departed from the essential requirements of law by ordering testing without allowing the parties to present and rebut evidence establishing good cause. The order was quashed and the matter remanded for further proceedings.

Holdings

1. A party is not entitled to an order compelling genetic testing unless paternity is in controversy and good cause exists. Good cause requires the father to allege and ultimately prove newly discovered evidence relating to the child's paternity. The trial court departed from the essential requirements of law by ordering testing without giving Mr. Hartsell an opportunity to prove the alleged newly discovered evidence and the Department an opportunity to rebut it.
2. Mr. Hartsell's signed, sworn, and notarized motions substantially complied with the pleading requirements of section 742.18 because they alleged newly discovered evidence, requested testing because he lacked custody of the child, and satisfied the applicable child-support-related requirement.
3. An order erroneously requiring paternity testing constitutes irreparable harm that cannot be remedied by plenary appeal.

Questions Presented

1. Whether the trial court's order compelling genetic testing departed from the essential requirements of law because it did not find that good cause existed for the testing.
2. Whether Mr. Hartsell's motions substantially complied with the pleading requirements of section 742.18, Florida Statutes.
3. Whether an order erroneously compelling paternity testing causes irreparable harm sufficient to support certiorari review.

Disposition

quashed