Department of Revenue v. Clark

District Court of Appeal of Florida

Department of Revenue v. Clark

866 So. 2d 129, 2004 Fla. App. LEXIS 1330, 2004 WL 384468

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 2004

DocketNo. 4D03-2368

StatusPublished

Cited by1 cases

This text of 866 So. 2d 129 (Department of Revenue v. Clark) 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.

Bluebook

Department of Revenue v. Clark, 866 So. 2d 129, 2004 Fla. App. LEXIS 1330, 2004 WL 384468 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

The Department of Revenue, on behalf of the mother, has appealed an order requiring the parties to submit to DNA testing in order to determine paternity. This order was entered two years after a final judgment established paternity.

This case is indistinguishable from Department of Revenue ex rel. Freckleton v. Gouldbourne, 648 So.2d 856 (Fla. 4th DCA 1995), in which the trial court, two years after a judgment of paternity, ordered testing to determine paternity. We granted certiorari relief and quashed the order, stating:

Absent a showing of fraud upon the court, a paternity order is res judicata on the issue of paternity and re-litigation of paternity issues would be unauthorized in connection with a subsequently-filed motion for contempt for failure to pay court-ordered child support.

We treat the notice of appeal in this case as a petition for certiorari and, as we did in Freckleton, quash the order requiring DNA testing.

POLEN, KLEIN and HAZOURI, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI