Legal Opinion

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

District Court of Appeal of Florida

Decided August 24, 2011No. 4D11-1161Published

1Per 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…

2Cases cited3 opinions

  1. State, Department of Revenue Ex Rel. Carnley v. LynchDistrict Court of Appeal of Florida · 2011
  2. Allison v. MedlockDistrict Court of Appeal of Florida · 2008
  3. Florida Department of Revenue ex rel. McKnight v. RobinsonDistrict Court of Appeal of Florida · 2011

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