Legal Opinion

Department of Revenue Ex Rel. Graham v. Lockhart

District Court of Appeal of Florida

Decided December 15, 2011No. 1D11-4581Published

1Per curiam

The Department of Revenue seeks certiorari review of an order compelling genetic testing and argues that the administrative law judge departed from the essential requirements of law in ordering the testing. As the Department correctly contends, the administrative law judge lacked jurisdiction to order the testing in this child support proceeding brought pursuant to section 409.2563, Florida Statutes. See § 409.2563(2)(b), Fla. Stat. (providing in part that the administrative procedure set forth in the section concerns only the establishment of child support obligations and does not grant…

2Cases cited2 opinions

  1. Department of Revenue v. LongDistrict Court of Appeal of Florida · 2006
  2. Department of Revenue Ex Rel. Clausen v. McDonaldDistrict Court of Appeal of Florida · 2010

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