HERMAN REISS, JR., PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE, BY AND ON BEHALF OF BIAGIO SAVA, RESPONDENTS
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WARNER, C.J.
The Department of Revenue petitioned the trial court to establish the paternity of a minor child, and moved the court to order DNA testing of petitioner, the purported father. Petitioner objected, noting that the Department’s petition failed to not contain a “sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties.... ” § 742.12(2), Fla. Stat. (1999). Despite this omission, the trial court granted the petition, ordered testing, but also ordered the Department to provide the sworn statement within sixty days.
We grant the writ, concluding that the trial court departed from the essential requirements of law by ordering the testing on the motion of the party without the sworn statement which is a statutory prerequisite. While the Department contends that under section 742.12(1) the court on its own motion can require an alleged father to submit to scientific tests, the court did not so act in this case. If we were to allow the testing to be ordered based on the Department’s motion without compliance with section 742.12(2), we would render that section meaningless.
GUNTHER and FARMER, JJ., concur.
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State v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007)…m the essential requirements of law. See Dep’t of Revenue ex rel. Gardner v. Long, 937 So. 2d 1235, 1237 (Fla. 1st DCA 2006); Dep’t of Revenue ex rel. T.E.P. v. Price, 958 So. 2d 1045, 1046 (Fla. 2d DCA 2007); Reiss v. Dep’t of Revenue ex rel. Sava, 753 So. 2d 764, 765 (Fla. 4th DCA 2000). Accordingly, we grant the petition, issue the writ, quash the order on review, and remand for further proceedings. ALLEN and DAVIS, JJ., concur. . See Dep’t of Revenue ex rel. Gardner v. Long, 937 So. 2d 1235, 1237 (Fla.…1 / 2
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State v. Brown, 980 So. 2d 590 (Fla. 1st DCA 2008)…this error cannot be corrected through a direct appeal, for the improper genetic testing requiring a blood draw would have already been completed, the error must be corrected through certiorari proceedings.”); Reiss v. Dep’t of Revenue ex rel. Sava, 753 So. 2d 764, 765 (Fla. 4th DCA 2000) (granting DOR’s petition for writ of certiorari where trial court improperly ordered paternity test); see also, e.g., Belair v. Drew, 770 So. 2d 1164, 1166 (Fla.2000); Vanguard Fire & Cas. Co. v. Golmon, 955 So. 2d 591, 593…
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Krasnick v. State, 780 So. 2d 1045 (Fla. 4th DCA 2001)…ther she was entitled to file a belated motion for postconviction relief based on the failure of her attorney to file a timely motion. See Steele v. Kehoe, 747 So. 2d 931 (Fla.1999); Medrano v. State, 748 So. 2d 986 (Fla.1999); and Quigley v. State, 753 So. 2d 764 (Fla. 4th DCA 2000). We reverse. The state argues that the denial should be affirmed because Petitioner’s petition was barred by laches, in that it was not filed until December 14, 1999, five years and three months after the attorney she claimed sh…
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