Worley v. State, Department of Revenue ex rel. Davis

District Court of Appeal of Florida

Worley v. State, Department of Revenue ex rel. Davis

735 So. 2d 573, 1999 Fla. App. LEXIS 8013, 1999 WL 394232

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 1999

DocketNo. 99-317

StatusPublished

Cited by1 cases

This text of 735 So. 2d 573 (Worley v. State, Department of Revenue ex rel. Davis) 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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Worley v. State, Department of Revenue ex rel. Davis, 735 So. 2d 573, 1999 Fla. App. LEXIS 8013, 1999 WL 394232 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The lower tribunal departed from the essential requirements of law in failing to hold an evidentiary hearing before ordering blood testing in this paternity dispute, as required by Department of Health and Rehabilitative Services v. Privette, 617 So.2d 305 (Fla.1993). Petitioner’s motion for continuance should have been granted to facilitate the procedure set forth in Pri-vette, which also calls for the assistance of an appointed guardian ad litem in this [574]*574case. Accordingly, the petition for certio-rari is GRANTED and the Circuit Court’s orders styled “Order” and “Order Compelling Genetic Testing” both dated January 6, 1999, and rendered January 13, 1999, are quashed.

JOANOS, PADOVANO and BROWNING, JJ., CONCUR.

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PER CURIAM.

The lower tribunal departed from the essential requirements of law in failing to hold an evidentiary hearing before ordering blood testing in this paternity dispute, as required by Department of Health and Rehabilitative Services v. Privette, 617 So.2d 305 (Fla.1993). Petitioner’s motion for continuance should have been granted to facilitate the procedure set forth in Pri-vette, which also calls for the assistance of an appointed guardian ad litem in this [574]*574case. Accordingly, the petition for certio-rari is GRANTED and the Circuit Court’s orders styled “Order” and “Order Compelling Genetic Testing” both dated January 6, 1999, and rendered January 13, 1999, are quashed.

JOANOS, PADOVANO and BROWNING, JJ., CONCUR.

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735 So. 2d 573, 1999 Fla. App. LEXIS 8013, 1999 WL 394232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worley-v-state-department-of-revenue-ex-rel-davis-fladistctapp-1999.

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