FLORIDA DEPARTMENT OF REVENUE O/B/O KATIE MCKNIGHT, APPELLANT,
v.
ERNEST ROBINSON, APPELLEE

Fla. 1st DCA | 2011-03-31
No. 1D10-4670
WOLF, DAVIS, and HAWKES, JJ., concur.
58 So. 3d 356 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 4 cases
Topics
Dna Testing Paternity Good Cause Child Support

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The Department of Revenue, on behalf of Katie McKnight, appeals an order setting child support and ordering DNA testing. The Department argues that the trial court erred in accepting the hearing officer’s recommendation that the parties submit to DNA testing for the best interest of the child. We agree. Paternity was not in controversy during the child support proceeding, and Appellee, who was listed as the father on the child’s birth certificate and who requested the testing merely “to be sure” that he was the child’s father, did not establish good cause for the testing. See State, Dep’t of Revenue ex rel. Carnley v. Lynch, 58 So.3d 1154 (Fla. 1st DCA 2011); State, Dep’t of Revenue ex rel. Sharif v. Brown, 980 So.2d 590 (Fla. 1st DCA 2008); State, Dep’t of Revenue ex rel. Chambers v. Travis, 971 So.2d 157 (Fla. 1st DCA 2007).

Accordingly, we reverse the order on appeal to the extent that it orders DNA testing and remand.

REVERSED and REMANDED.

WOLF, DAVIS, and HAWKES, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Fla. Dep't of Revenue by v. Alletag, 156 So. 3d 1110 (Fla. 1st DCA 2015)
    …ion for a writ of certiorari and quash the trial court’s order requiring the parties to submit to paternity testing. PETITION GRANTED; ORDER QUASHED. BENTON and SWANSON, JJ„ concur. . See, e.g., Fla. Dep't of Revenue ex rel. McKnight v. Robinson, 58 So. 3d 356 (Fla. 1st DCA 2011); State ex rel. Carnley v. Lynch, 53 So. 3d 1154 (Fla. 1st DCA 2011); State ex rel. Sharif v. Brown, 980 So. 2d 590 (Fla. 1st DCA 2008); State ex rel. Chambers v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007); Dep’t of Revenue ex rel…
  • State v. Kathcart, 67 So. 3d 442 (Fla. 4th DCA 2011)
    …before this court does not reflect that respondent has filed a paternity action or otherwise placed paternity in controversy as provided by statute. See § 742.12(2), Fla. Stat. (2010); see also Florida Dep’t of Revenue ex rel. McKnight v. Robinson, 58 So. 3d 356 (Fla. 1st DCA 2011); State, Dep’t of Revenue ex rel. Camley v. Lynch, 53 So. 3d 1154 (Fla. 1st DCA 2011). Petition granted and order quashed. MAY, C.J., WARNER, and CONNER, JJ., concur.…

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