STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND CYNTHIA TREADWELL, PETITIONERS,
v.
WILMORE SADIKI, RESPONDENT
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PER CURIAM.
In 1977 respondent was determined the legal and natural father of petitioner’s child and was ordered to pay child support. In 1989 petitioner sought modification of the child support payments. Respondent counterpetitioned for custody of the child and thereafter filed a motion for a human leukocyte antigen blood test to ascertain if he really is the natural father of the child. The trial court granted the motion and the natural mother filed this petition for writ of certiorari.
We grant the petition and quash the trial court’s order. In the paternity action that was resolved twelve years ago, respondent admitted he was the natural father of the child. See Miller v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989). Moreover, respondent’s present wife’s desire that respondent, petitioner, and the child submit to the test to insure that respondent is the natural father of the child does not demonstrate “good cause.” See Fla.R. Civ.P. 1.360(a)(1)(B) and (a)(2). Petition for writ of certiorari granted, order quashed, and cause remanded for further proceedings.
RYDER, A.C.J., and FRANK and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
India Singletary & the Dep't of Health & Rehabilitative Servs. v. Hardemon, 595 So. 2d 277 (Fla. 3d DCA 1992)…ure such a test, but declined such. We therefore find that the order of December 11, 1992, ordering such a test, departs from the essential requirements of the law, and we quash same. State Department of Health and Rehabilitative Services v. Sadiki, 561 So. 2d 304 (Fla. 2nd DCA 1990); Decker v. Hunter, 460 So. 2d 1014 (Fla. 3d DCA 1984); Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981). Order quashed.…
Authorities Cited
- Michelle Miller & the Fla. Dep't of Health & Rehabilitative Servs. v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989)