Legal Opinion

R.S.R. v. A.K.

District Court of Appeal of Florida

Decided December 19, 2001No. 1D01-3311PublishedCited by 2 opinions

1Opinion of the CourtErvin, J.

We grant the petition for writ of certio-rari and quash the trial court’s order requiring petitioner to submit to DNA testing to determine paternity, because the trial court failed to first consider the petitioner’s equitable estoppel claim or whether testing was in the child’s best interest. See Marshek v. Marshek, 599 So.2d 175 (Fla. 1st DCA 1992); Barker v. Barker, 785 So.2d 1273 (Fla. 5th DCA 2001); Benac v. Bree, 590 So.2d 536 (Fla. 2d DCA 1991); T.D.D. v. M.J.D.D., 453 So.2d 856 (Fla. 4th DCA 1984). On remand, the trial court shall appoint a guardian ad litem to represent the child’s…

2Cases cited4 opinions

  1. DEPT. OF HEALTH & REHAB. SERVICES v. PrivetteSupreme Court of Florida · 1993
  2. T.D.D. v. M.J.D.D.District Court of Appeal of Florida · 1984
  3. Benac v. BreeDistrict Court of Appeal of Florida · 1991
  4. Barker v. BarkerDistrict Court of Appeal of Florida · 2001

3Cited by2 opinions

  1. Flores v. SanchezDistrict Court of Appeal of Florida · 2014
  2. Hebner v. BarryDistrict Court of Appeal of Florida · 2003

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