GENEVIEVE HARDWICK, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Brown, 980 So. 2d 590 (Fla. 1st DCA 2008)
  …DOR’s argument that the hearing officer lacked jurisdiction, pursuant to Rule 12.491(e), Florida Family Law Rules of Procedure (2006), even to recommend an order requiring paternity testing. See generally Benardo v. Dep’t of Revenue ex rel. Reilly, 819 So. 2d 161, 164-65 (Fla. 4th DCA 2002); Amendments to the Fla. Family Law Rules of Procedure, 723 So. 2d 208, 211 (Fla. 1998). See also B.J.Y. v. M.A., 594 So. 2d 816, 818 (Fla. 1st DCA 1992) ("[Ajrticle I, section 22 of the Florida Constitution preserves the…
• State v. Standifer, 990 So. 2d 659 (Fla. 1st DCA 2008)
  …ocedure 12.491(e), a support enforcement hearing officer lacks jurisdiction “to hear contested paternity cases.” State, Dep’t of Revenue ex rel. Chambers v. Travis, 971 So. 2d 157, 162 (Fla. 1st DCA 2007); Benardo v. Dep’t of Revenue ex rel. Reilly, 819 So. 2d 161, 164-66 (Fla. 4th DCA 2002). Respondent filed his motion for scientific paternity testing after filing a “Parentage Testing Report” which claimed to exclude respondent as the biological father of the child. At a minimum, this was sufficient to place…
• Hinckley v. Dep't OF Revenue, 927 So. 2d 73 (Fla. 2d DCA 2006)
  …officer should not have heard his motions because this case is a contested paternity matter and that Florida Family Law Rule of Procedure 12.491(e) prohibits a hearing officer from hearing contested paternity cases. See Benardo v. Dep’t of Revenue, 819 So. 2d 161, 164-64 (Fla. 4th DCA 2002). He also argues, and the Department again concedes, that the circuit court erred in concluding that it lacked jurisdiction to consider his motion to vacate or modify on the basis that the motion was untimely. Rule 12.491…