DEPARTMENT OF REVENUE, ON BEHALF OF MADISON T. ADAMS
v.
OWEN HARRIS

Fla. 1st DCA | 2025-10-15
No. 2025-0809
Roberts, J., Winokur, J., Nordby, J.
2025 FL 8966 Florida District Court of Appeal, First District (2025)

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Holding

A hearing officer lacks authority to order genetic testing to determine paternity in child support proceedings when paternity has not been properly placed in controversy, good cause has not been established, and the matter involves contested paternity.


Headnotes

[1] A hearing officer in child support proceedings lacks authority to order genetic testing to determine paternity when the matter involves contested paternity, even if pater…

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Facts & Procedural History

The Department of Revenue, on behalf of Madison Adams, sought to challenge a circuit court order approving a hearing officer's recommendation to compe…

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Per_curiam
Per Curiam

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2025-0809 _____________________________

DEPARTMENT OF REVENUE, on behalf of MADISON T. ADAMS,

Petitioner,

v.

OWEN HARRIS,

Respondent. _____________________________

Petition for Writ of Certiorari—Original Proceedings.

October 15, 2025

PER CURIAM.

In this certiorari proceeding, the Department of Revenue, on behalf of Madison Adams, challenges an order approving the hearing officer’s recommendation to compel genetic testing to determine paternity of the minor child. We agree with the Department that the circuit court erred in approving the hearing officer’s recommendation. The child support proceedings did not properly place paternity in controversy, and Respondent did not establish good cause for the testing. Fla. Fam. L. R. P. 12.360(a)(1), (2); Fla. R. Civ. P. 1.360(a)(1), (2); State, Dep’t of Revenue ex rel. Chambers v. Travis, 971 So. 2d 157, 162 (Fla. 1st DCA 2007); Florida Dep’t Revenue ex rel. Corbitt v. Alletag, 156 So. 3d 1110, 1112 (Fla. 1st DCA 2015). Even if paternity was in controversy and

We GRANT the petition for writ of certiorari and QUASH the order compelling genetic testing.

ROBERTS, WINOKUR, and NORDBY, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

David C. Bearden, Department of Revenue, Crestview; James Uthmeier, Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Petitioner.

No appearance for Respondent.

Footnotes
2 good cause was shown, the hearing officer had no authority to address a contested paternity matter. Alletag, 156 So. 3d at 1113 n.2; State v. Ceasar, 188 So. 3d 989, 991 n.1 (Fla. 1st DCA 2016); Fla. Fam. L. R. P. 12.491(e).

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