MICHAEL SOUTHWICK, PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE, ON BEHALF OF ANITA MULLOY N/K/A ANITA WUEST, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Michael Southwick challenged a trial court order requiring additional paternity testing after an initial test excluded him as the father. The appellate court granted his petition for writ of certiorari, quashed the order, and directed dismissal of the paternity action, holding that the mother failed to establish good cause for a second test under Florida law.
The trial court departed from the essential requirements of law by ordering the second paternity test because the mother failed to show good cause. The court held that mere dissatisfaction with test results, unsupported by scientific dispute or newly discovered evidence, does not constitute good cause for additional testing under Florida Statute § 742.12(5). The paternity action must be dismissed with prejudice.
[1] A party requesting a second paternity test after an initial exclusion must establish good cause, which requires more than mere dissatisfaction with the test results.
[2] A mother's sworn allegation that paternity test results are inaccurate, without more, does not constitute good cause for ordering additional testing.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This statute imposes an obligation on the moving party to establish good cause before a successive test can be ordered.”
Establishes the legal standard that good cause must be demonstrated before ordering additional paternity testing under Florida law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMichael Southwick was the subject of a paternity action brought by the State of Florida on behalf of Anita Wuest regarding a child. The first paternit…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adequate Remedy On Appeal cases and more on FLexlaw
PER CURIAM.
In his petition for writ of certiorari, Michael Southwick challenges an order of the trial court that requires him to submit to additional scientific testing to determine paternity after the first test excluded him as the father of the child in question. We grant the petition for writ of certiorari, quash the order of the trial court, and direct that the trial court dismiss the paternity action with prejudice.
Section 742.12(5), Fla. Stat. (1997), provides:
Subject to the limitations in subsection (3), if the test results or the expert analysis of the inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that an additional test be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.
This statute imposes an obligation on the moving party to establish good cause before a successive test can be ordered. See, e.g., State Dep’t of Revenue, Child Support Enforcement on Behalf of Vasquez v. Aguirre, 705 So. 2d 990, 994 (Fla. 3d DCA 1998) (finding that scientific dispute among experts constituted good cause to require additional testing). We certify conflict with Morris v. Crawford, 718 So. 2d 354 (Fla. 4th DCA 1998), to the extent that it suggests that good cause is established by a mother’s sworn allegation that the test results are inaccurate because she did not have sexual contact with other men at the time of conception.
Here, Anita Wuest, the mother, had requested a second test based upon her personal conviction that the first results had been inaccurate. She argued that South-wick and one other man were the only sexual partners she had during the period of conception nineteen years ago and that the other man had been scientifically excluded as the father when the child was an infant. Wuest admits that this information is not newly discovered evidence. She also argued that there was a physical resemblance between the child and Southwick.1
We hold that the trial court departed from the essential requirements of law in ordering the second paternity test, because Wuest has not shown good cause supporting such a test. We characterize Wuest’s reasons for requesting the second test as mere dissatisfaction with the results of the first test. Florida courts have disapproved of additional testing for more substantial reasons than those advanced by Wuest. See Department of Revenue on Behalf of Glover v. Smatt, 679 So. 2d 1191 (Fla. 5th DCA 1996) (holding that the availability of more accurate test methods does not compel additional testing).
Because of the potential emotional impact this second test could have on the parties and the child, we likewise hold that Southwick has no adequate remedy on appeal and that certiorari jurisdiction was established. See Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995); see also L.A.L. v. D.A.L., 714 So. 2d 595, 597 (Fla. 2d DCA 1998); Department of Revenue v. Byrd, 710 So. 2d 1036, 1037 (Fla. 1st DCA 1998).
We grant the petition for certiorari, quash the order of the trial court mandating additional testing, and direct the trial court to dismiss this paternity action with prejudice. See § 742(4), Fla.Stat. (1997).
THREADGILL, A.C.J., and WHATLEY and GREEN, JJ., Concur. . Wuest refused to provide a photograph of the child to Southwick's attorney, citing unspecified security concerns.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995)
- L.A.L. v. D.A.L., 714 So. 2d 595 (Fla. 2d DCA 1998)
- Dep't OF Revenue v. Smatt, 679 So. 2d 1191 (Fla. 5th DCA 1996)
- Dionne A. Morris v. Crawford, 718 So. 2d 354 (Fla. 4th DCA 1998)
- State Dep't OF Revenue v. Aguirre, 705 So. 2d 990 (Fla. 3d DCA 1998)
- Dep't OF Revenue & Cindy Sickles v. Byrd, 710 So. 2d 1036 (Fla. 1st DCA 1998)