State of Florida, Dept. of Revenue v. Kyle Patrick Alletag
156 So. 3d 1110
| Fla. Dist. Ct. App. | 2015Background
- DOR petitions for writ of certiorari to review a trial court order directing paternity testing in a child-support proceeding.
- Father acknowledged paternity on the birth certificate but sought DNA testing to confirm paternity.
- Hearing officer treated father's answer as a petition to disestablish paternity and recommended testing.
- Trial court issued an order directing all parties to undergo paternity testing at a laboratory.
- Court grants certiorari and quashes the order, holding testing was improper absent controversy or good cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order departs from essential requirements of law | DOR argues paternity testing required only if controversy and good cause exist | Alletag argues for testing to confirm paternity | Yes; order quashed |
| Whether paternity was placed in controversy | No controversy; father did not deny paternity | There was desire to verify paternity | Not placed in controversy |
| Whether good cause for paternity testing was shown | Statutory good cause standards unmet | DNA test desired for certainty | No good cause shown |
| Whether the hearing officer had authority to order genetics testing | Hearing officer lacks authority in contested paternity cases | Request for DNA testing should be permitted | Hearing officer cannot order absent controversy/good cause |
Key Cases Cited
- Lynch v. State, 53 So.3d 1154 (Fla.1st DCA 2011) (establishes controversy and good cause framework)
- Travis v. State, 971 So.2d 157 (Fla.1st DCA 2007) (paternity testing discovery, not dispositive authority for final order)
- Brown v. Brown, 980 So.2d 590 (Fla.1st DCA 2008) (preference for testing does not create controversy)
- McKnight v. Robinson, 58 So.3d 356 (Fla.1st DCA 2011) (examples of irreparable harm and proper remedy in certiorari)
- Gardner v. Long, 937 So.2d 1235 (Fla.1st DCA 2006) (recurrent authority on family-law certiorari)
