Summary
The Florida First District Court of Appeal granted the Department of Revenue's petition for writ of certiorari and quashed an order compelling genetic testing to determine paternity. The court held that paternity was not properly placed in controversy, good cause for testing was not established, and the hearing officer lacked authority to address a contested paternity matter.
Holdings
- Genetic testing could not properly be compelled because the child-support proceedings did not place paternity in controversy and the respondent did not establish good cause for testing.
- The hearing officer lacked authority to address a contested paternity matter, even if paternity had been placed in controversy and good cause for testing had been shown.
Questions Presented
- Whether the circuit court departed from the essential requirements of law by approving an order compelling genetic testing when the child-support proceedings did not properly place paternity in controversy and the respondent failed to establish good cause.
- Whether a hearing officer had authority to address a contested paternity matter.
Disposition
writ_granted
Cases Cited (4)
- State, Dep’t of Revenue ex rel. Chambers v. Travis, 971 So. 2d 157, 162 (Fla. 1st DCA 2007)(followed)
- Florida Dep’t Revenue ex rel. Corbitt v. Alletag, 156 So. 3d 1110, 1112 (Fla. 1st DCA 2015)(followed)
- Florida Dep’t Revenue ex rel. Corbitt v. Alletag, 156 So. 3d 1110, 1113 n.2 (Fla. 1st DCA 2015)(followed)
- State v. Ceasar, 188 So. 3d 989, 991 n.1 (Fla. 1st DCA 2016)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…