Southwick v. State, Department of Revenue ex rel. Mulloy

In his petition for writ of certiorari, Michael Southwick challenges an order of the trial court that requires him to submit to additional scientific testing to determine paternity after the first test excluded him as the father of the child in question. We grant the petition for writ of certiorari, quash the order of the trial court, and direct that the trial court dismiss the paternity action with prejudice.

Section 742.12(5), Fla. Stat. (1997), provides:

Subject to the limitations in subsection (3), if the test results or the expert analysis of the inherited characteristics is disputed, the…