Singletary v. Hardemon

595 So. 2d 277, 1992 Fla. App. LEXIS 3302, 1992 WL 48837

Opinion

PER CURIAM.

By this Petition for Certiorari we are called upon to review the propriety of an ex parte order entered December 11, 1991, providing for a Human Leukocyte Antigen (HLA) test in a paternity action which was concluded by a final, order on April 23, 1987. During the proceedings in the trial court, the respondent had been offered two opportunities to secure such a test, but declined such. We therefore find that the order of December 11, 1992, ordering such a test, departs from the essential requirements of the law, and we quash same. State Department of Health and Rehabilitative Services v. Sadiki, 561 So.2d 304 (Fla. 2nd DCA 1990); Decker v. Hunter, 460 So.2d 1014 (Fla. 3d DCA 1984); Johnson v. Johnson, 395 So.2d 640 (Fla. 2d DCA 1981).

Order quashed.