JERE SEILER, APPELLANT,
v.
PAMELA STRINGHAM AND THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEES
JERE SEILER, APPELLANT,
PAMELA STRINGHAM AND THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEES
567 So. 2d 1078
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse this order establishing paternity on the authority of Ferguson v. Williams, 566 So. 2d 9 (Fla. 3d DCA 1990) and Dutilly v. Department of Health & Rehabilitative Services, 450 So. 2d 1195 (Fla. 5th DCA 1984), both of which hold that although HLA test results are admissible under section 742.12, Florida Statutes (1989), they must be properly authenticated and a proper predicate laid first. The trial court admitted such tests in this case over the objection of appellant to their authenticity.
We thus reverse the order and remand for a new hearing.
WALDEN, WARNER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dionne A. Morris v. Crawford, 718 So. 2d 354 (Fla. 4th DCA 1998)…nity, [*357] even though the equivocal nature of that denial in the instant case would raise a close question. Id.; see also Department of Health and Rehabilitative Servs. v. Moore, 603 So. 2d 13, 14 (Fla. 5th DCA 1992) (citing Seiler v. Stringham, 567 So. 2d 1078 (Fla. 4th DCA 1990)) (paternity evaluation reports were not admissible in paternity suit where no predicate had been laid for admission of the reports. “Such test results cannot simply be handed to the trier of fact as evidence without proper authen…1 / 2
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Dep't OF Health & Rehabilitative Servs. v. Moore, 603 So. 2d 13 (Fla. 5th DCA 1992)…objected to their admission into evidence because no predicate had been laid for their admission. Such test results cannot simply be handed to the trier of fact as evidence without proper authentication and the proper predicate. Seiler v. Stringham, 567 So. 2d 1078 (Fla. 4th DCA 1990); Ferguson v. Williams, 566 So. 2d 9 (Fla. 3d DCA 1990); Dutilly v. Department of Health & Rehabilitative Services, 450 So. 2d 1195 (Fla. 5th DCA 1984). In Ferguson, the court stated: Although [paternity] test results may be admi…
Authorities Cited
- Dutilly v. Dep't of Health & Rehabilitative Servs., 450 So. 2d 1195 (Fla. 5th DCA 1984)
- Romer Ferguson v. Williams, 566 So. 2d 9 (Fla. 3d DCA 1990)