Department of Revenue Ex Rel. Graham v. Lockhart

District Court of Appeal of Florida

Department of Revenue Ex Rel. Graham v. Lockhart

75 So. 3d 428, 2011 Fla. App. LEXIS 19997, 2011 WL 6224503

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 2011

Docket1D11-4581

StatusPublished

This text of 75 So. 3d 428 (Department of Revenue Ex Rel. Graham v. Lockhart) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Revenue Ex Rel. Graham v. Lockhart, 75 So. 3d 428, 2011 Fla. App. LEXIS 19997, 2011 WL 6224503 (Fla. Ct. App. 2011).

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Opinion

*429 PER CURIAM.

The Department of Revenue seeks certiorari review of an order compelling genetic testing and argues that the administrative law judge departed from the essential requirements of law in ordering the testing. As the Department correctly contends, the administrative law judge lacked jurisdiction to order the testing in this child support proceeding brought pursuant to section 409.2563, Florida Statutes. See § 409.2563(2)(b), Fla. Stat. (providing in part that the administrative procedure set forth in the section concerns only the establishment of child support obligations and does not grant jurisdiction to the Department or the Division of Administrative Hearings to hear or determine issues of disputed paternity); see also Dep’t of Revenue ex rel. Clausen v. McDonald, 46 So.3d 1193, 1193-94 (Fla. 1st DCA 2010); Dep’t of Revenue v. Long, 937 So.2d 1235, 1236 (Fla. 1st DCA 2006).

Accordingly, we GRANT the petition for writ of certiorari and QUASH the order compelling genetic testing.

BENTON, C.J., DAVIS and MARSTILLER, JJ., concur.

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*429 PER CURIAM.

The Department of Revenue seeks certiorari review of an order compelling genetic testing and argues that the administrative law judge departed from the essential requirements of law in ordering the testing. As the Department correctly contends, the administrative law judge lacked jurisdiction to order the testing in this child support proceeding brought pursuant to section 409.2563, Florida Statutes. See § 409.2563(2)(b), Fla. Stat. (providing in part that the administrative procedure set forth in the section concerns only the establishment of child support obligations and does not grant jurisdiction to the Department or the Division of Administrative Hearings to hear or determine issues of disputed paternity); see also Dep’t of Revenue ex rel. Clausen v. McDonald, 46 So.3d 1193, 1193-94 (Fla. 1st DCA 2010); Dep’t of Revenue v. Long, 937 So.2d 1235, 1236 (Fla. 1st DCA 2006).

Accordingly, we GRANT the petition for writ of certiorari and QUASH the order compelling genetic testing.

BENTON, C.J., DAVIS and MARSTILLER, JJ., concur.

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75 So. 3d 428, 2011 Fla. App. LEXIS 19997, 2011 WL 6224503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-revenue-ex-rel-graham-v-lockhart-fladistctapp-2011.

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