State, Department of Revenue Ex Rel. Reyes v. Kathcart

District Court of Appeal of Florida

State, Department of Revenue Ex Rel. Reyes v. Kathcart

67 So. 3d 442, 2011 Fla. App. LEXIS 13348, 2011 WL 3687463

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 2011

Docket4D11-1161

StatusPublished

This text of 67 So. 3d 442 (State, Department of Revenue Ex Rel. Reyes v. Kathcart) 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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State, Department of Revenue Ex Rel. Reyes v. Kathcart, 67 So. 3d 442, 2011 Fla. App. LEXIS 13348, 2011 WL 3687463 (Fla. Ct. App. 2011).

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Opinion

*443 PER CURIAM.

The Department of Revenue (“the Department”) seeks a writ of certiorari quashing a non-final order that requires DNA testing of the parents and child for the purposes of determining paternity. We grant the petition and quash the order under review. Because respondent executed the Acknowledgement of Paternity form, legal paternity has been established pursuant to Florida Statute section 742.10(4). Allison v. Medlock, 983 So.2d 789 (Fla. 4th DCA 2008). Significantly, the record before this court does not reflect that respondent has filed a paternity action or otherwise placed paternity in controversy as provided by statute. See § 742.12(2), Fla. Stat. (2010); see also Florida Dep’t of Revenue ex rel. McKnight v. Robinson, 58 So.3d 356 (Fla. 1st DCA 2011); State, Dep’t of Revenue ex rel. Camley v. Lynch, 53 So.3d 1154 (Fla. 1st DCA 2011).

Petition granted and order quashed.

MAY, C.J., WARNER, and CONNER, JJ., concur.

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*443 PER CURIAM.

The Department of Revenue (“the Department”) seeks a writ of certiorari quashing a non-final order that requires DNA testing of the parents and child for the purposes of determining paternity. We grant the petition and quash the order under review. Because respondent executed the Acknowledgement of Paternity form, legal paternity has been established pursuant to Florida Statute section 742.10(4). Allison v. Medlock, 983 So.2d 789 (Fla. 4th DCA 2008). Significantly, the record before this court does not reflect that respondent has filed a paternity action or otherwise placed paternity in controversy as provided by statute. See § 742.12(2), Fla. Stat. (2010); see also Florida Dep’t of Revenue ex rel. McKnight v. Robinson, 58 So.3d 356 (Fla. 1st DCA 2011); State, Dep’t of Revenue ex rel. Camley v. Lynch, 53 So.3d 1154 (Fla. 1st DCA 2011).

Petition granted and order quashed.

MAY, C.J., WARNER, and CONNER, JJ., concur.

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67 So. 3d 442, 2011 Fla. App. LEXIS 13348, 2011 WL 3687463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-ex-rel-reyes-v-kathcart-fladistctapp-2011.

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