CARLTON BAILEY, APPELLANT,
v.
BRENDA RICHARDSON, APPELLEE
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Court affirmed the trial court's order requiring appellant to submit to an HLA blood test in a paternity action, rejecting his claim that the test would injure his health due to hepatitis.
A trial court may compel a party to submit to an HLA blood test in a paternity action when competent medical evidence shows the test poses no life-threatening risk.
[1] HLA blood test results are admissible in evidence and have substantial probative value in determining paternity.
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Join FLexlaw to unlock all legal intelligenceCarlton Bailey, who has hepatitis, was ordered to submit to an HLA blood test in a paternity action brought by Brenda Richardson. Bailey appealed, con…
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McCORD, Judge.
This is an appeal from a nonfinal order granting appellee’s motion for compulsory physical examination in an action to determine paternity. The order requires appellant to submit to a human leukocyte antigens (HLA) blood test on the question of paternity. The nonfinal order does not qualify for review under Florida Rule of Appellate Procedure 9.130. We elect, however, to treat the appeal as a petition for common law writ of certiorari and review the order as such. Appellant has a type of hepatitis and contends that the blood test would be injurious to his health. After weighing the testimony of the medical experts, the trial court concluded on the record that the test would not subject appellant to any type of life-threatening risk. Competent substantial evidence supports the trial court’s ruling. The HLA test has been found to have substantial probative value in determining paternity and in Simons v. Jorg, 384 So. 2d 1362 (Fla. 2d DCA 1980), the District Court of Appeal, Second District, affirmed an order which required the petitioner there to submit to such a test. Also, we have found results of the test to be admissible in evidence. Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980). See also, McQueen v. Stratton, 389 So. 2d 1190 (Fla. 2d DCA 1980). The trial court did not exceed its jurisdiction or depart from the essential requirements of law.
Certiorari denied.
ROBERT P. SMITH, Jr., C. J., and BOOTH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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E.M.V.-L. v. M.M.C., 462 So. 2d 23 (Fla. 4th DCA 1984)…n the issue of paternity. McQueen v. Stratton, 389 So. 2d 1190 (Fla. 2d DCA 1980); Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980). The test is recognized as having substantial probative value in determining paternity. See Bailey v. Richardson, 412 So. 2d 69 (Fla. 1st DCA 1982). GLICKSTEIN, HURLEY and BARRETT, JJ., concur.…
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Hyder Raleigh Davie v. Calton, 453 So. 2d 185 (Fla. 3d DCA 1984)…ty makes viable the appellant’s motion to require the appellee and the child to submit to tests to determine their blood types, the denial of this motion is also reversed. See Elzey v. Smith, 412 So. 2d 918 (Fla. 1st DCA 1982); Bailey v. Richardson, 412 So. 2d 69 (Fla. 1st DCA 1982); Simons v. Jorg, 384 So. 2d 1362 (Fla. 2d DCA 1980). Cf. Nostrand v. Olivieri, 427 So. 2d 374 (Fla. 2d DCA 1983). See also McQueen v. Stratton, 389 So. 2d 1190 (Fla. 2d DCA 1980); Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 19…
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Hill v. Elconnie Jackson, 497 So. 2d 688 (Fla. 1st DCA 1986)…tial probative value in determining paternity, since now they establish “probability of paternity rather than merely exclude a person as the father.” Locklear ¶. Sampson, 478 So. 2d 1113 (Fla. 1st DCA 1985) (emphasis supplied); Bailey v. Richardson, 412 So. 2d 69 (Fla. 1st DCA 1982). Despite a better than 90% degree of accuracy, however, the HLA tests are not infallible and cannot be accepted as conclusive on the issue of paternity. Amos v. Department of Health and Rehabilitative Services, 444 So. 2d 43 (Fla…
Authorities Cited
- McQUEEN v. Lucinda B. Stratton, 389 So. 2d 1190 (Fla. 2d DCA 1980)
- Miles Edward Carlyon v. Weeks, 387 So. 2d 465 (Fla. 1st DCA 1980)
- Simons v. Elfriede Jorg, 384 So. 2d 1362 (Fla. 2d DCA 1980)