Department of Revenue v. Byrd

WOLF, Judge.

Petitioners argue that the trial court departed from the essential requirements of law by directing respondent, petitioner Sickles, and their minor child to undergo DNA testing to determine the child’s paternity seven years after respondent had already been adjudged the legal father of the child. We *1037agree and quash the trial court’s order compelling the DNA tests, with directions that respondent’s motion to compel the tests be denied.

In 1990, respondent was adjudged the legal father of the minor child pursuant to a default final judgment of paternity. In September 1997, he filed a…