R.S.R., FATHER OF T.C.R., A CHILD, PETITIONER,
v.
A.K., MOTHER OF T.C.R., A CHILD, RESPONDENT
ERVIN, J.
We grant the petition for writ of certiorari and quash the trial court’s order requiring petitioner to submit to DNA testing to determine paternity, because the trial court failed to first consider the petitioner’s equitable estoppel claim or whether testing was in the child’s best interest. See Marshek v. Marshek, 599 So. 2d 175 (Fla. 1st DCA 1992); Barker v. Barker, 785 So. 2d 1273 (Fla. 5th DCA 2001); Benac v. Bree, 590 So. 2d 536 (Fla. 2d DCA 1991); T.D.D. v. M.J.D.D., 453 So. 2d 856 (Fla. 4th DCA 1984). On remand, the trial court shall appoint a guardian ad litem to represent the child’s interest before resolving the issues. See Dep’t of Health & Rehab. Servs. v. Privette, 617 So. 2d 305 (Fla.1993).
PETITION GRANTED.
KAHN and DAVIS, JJ., Concur.
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Flores v. Sanchez, 137 So. 3d 1104 (Fla. 3d DCA 2014)…lorida Statutes (2009), to ‘disestablish’ paternity.”) (quoting Travis, 971 So. 2d at 161). Prior to ordering paternity testing, the trial court must also determine that [*1108] the testing would be in the child’s best interest. See R.S.R. v. A.K., 801 So. 2d 325, 325 (Fla. 1st DCA 2001) (granting petition for writ of certiorari and quashing order compelling legal father to submit to paternity testing where trial court failed to consider whether paternity testing was in child’s best interests, and ordering t…
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Howard v. Lacey A. Collier, 822 So. 2d 540 (Fla. 1st DCA 2002)…PER CURIAM. DENIED. Floyd v. Clark, 801 So. 2d 325 (Fla. 1st DCA 2001). ALLEN, C.J., ERVIN and KAHN, JJ, concur.…
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Witten v. State, 129 So. 3d 1163 (Fla. 3d DCA 2014)…PER CURIAM. We dismiss the petition for writ of habe-as corpus. See Floyd v. Clark, 801 So. 2d 325, 325 (Fla. 1st DCA 2001) (holding “this court has no jurisdiction to grant habeas corpus relief to one in federal custody pursuant to orders or process of the federal government”).…
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- Dep't OF Health & Rehabilitative Servs. v. Privette, 617 So. 2d 305 (Fla. 1993)
- T.D.D. v. M.J.D.D., 453 So. 2d 856 (Fla. 4th DCA 1984)
- Benac v. Sandie Lynn Bree, 590 So. 2d 536 (Fla. 2d DCA 1991)
- Marshek v. Marshek, 599 So. 2d 175 (Fla. 1st DCA 1992)
- Barker v. Barker, 785 So. 2d 1273 (Fla. 5th DCA 2001)