LINWOOD JAMES IVEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007)
  …he mother and child to submit to DNA testing. The trial court’s order adopting the recommendation should have been vacated. Denial of the motion to vacate departed from 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, quas…

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• State v. Lynch, 53 So. 3d 1154 (Fla. 1st DCA 2011)
  …pinion. PETITION GRANTED. VAN NORTWICK, LEWIS, and CLARK, JJ., concur. . This Court has repeatedly held that requiring genetic testing under similar circumstances qualifies as irreparable harm. See, e.g., Dep’t of Revenue ex rel. Gardner v. Long, 937 So. 2d 1235, 1237 (Fla. 1st DCA 2006) ("We find that subjecting Mother and Child to a potentially intrusive [paternity] test ... is enough to constitute irreparable harm.”); see also State, Dep’t of Revenue ex rel. Chambers v. Travis, 971 So. 2d 157, 159 n. 1 (…
• State v. Brown, 980 So. 2d 590 (Fla. 1st DCA 2008)
  …. R.App. P. 9.030(b)(2)(A) (2007). The order constituted a departure from the essential requirements of law, and threatens what we have held to be irreparable harm that cannot be cured on plenary appeal. See Dep’t of Revenue ex rel. Gardner v. Long, 937 So. 2d 1235, 1237 (Fla. 1st DCA 2006) (“We find that subjecting Mother and Child to a potentially intrusive [paternity] test ... is enough to constitute irreparable harm.”); Dep’t of Revenue ex rel. T.E.P. v. Price, 958 So. 2d 1045, 1046 (Fla. 2d DCA 2007) (“Be…