Legal Opinion

State, Department of Revenue ex rel. Barnhill v. Smith

District Court of Appeal of Florida

Decided November 9, 2015No. 1D15-1587Published

1Per curiam

The Florida Department of Revenue (“DOR”) petitions for a writ of certiorari to review the lower court’s order adopting verbatim the order of the general magistrate granting the father’s motion for genetic testing and ordering the “custodian *1290to produce the minor child” for said purpose. As did the order in Florida, Department of Revenue ex rel. Corbitt v. Alletag, 156 So.3d 1110 (Fla. 1st DCA 2015), the order in this case departs from the essential requirements of law because the issue of paternity was not placed in controversy by the father and good cause was not shown for paternity testing.…

2Cases cited1 opinion

  1. State of Florida, Dept. of Revenue v. Kyle Patrick AlletagDistrict Court of Appeal of Florida · 2015

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