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Department of Revenue v. Lockhart

District Court of Appeal of Florida, First District
Dec 15, 2011
75 So. 3d 428 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D11–4581.

2011-12-15

DEPARTMENT OF REVENUE obo Jennifer GRAHAM, Petitioner, v. Anthony Q. LOCKHART, Respondent.

Petition for Writ of Certiorari—Original Jurisdiction.Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Child Support Enforcement, Tallahassee, for Petitioner. Anthony Q. Lockhart, pro se, Respondent.


Petition for Writ of Certiorari—Original Jurisdiction.Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Child Support Enforcement, Tallahassee, for Petitioner. Anthony Q. Lockhart, pro se, Respondent.

PER CURIAM.

The Department of Revenue seeks certiorari review of an order compelling genetic testing and argues that the administrative law judge departed from the essential requirements of law in ordering the testing. As the Department correctly contends, the administrative law judge lacked jurisdiction to order the testing in this child support proceeding brought pursuant to section 409.2563, Florida Statutes. See § 409.2563(2)(b), Fla. Stat. (providing in part that the administrative procedure set forth in the section concerns only the establishment of child support obligations and does not grant jurisdiction to the Department or the Division of Administrative Hearings to hear or determine issues of disputed paternity); see also Dep't of Revenue ex rel. Clausen v. McDonald, 46 So.3d 1193, 1193–94 (Fla. 1st DCA 2010); Dep't of Revenue v. Long, 937 So.2d 1235, 1236 (Fla. 1st DCA 2006).

Accordingly, we GRANT the petition for writ of certiorari and QUASH the order compelling genetic testing.

BENTON, C.J., DAVIS and MARSTILLER, JJ., concur.


Summaries of

Department of Revenue v. Lockhart

District Court of Appeal of Florida, First District
Dec 15, 2011
75 So. 3d 428 (Fla. Dist. Ct. App. 2011)
Case details for

Department of Revenue v. Lockhart

Case Details

Full title:DEPARTMENT OF REVENUE obo JENNIFER GRAHAM, Petitioner, v. ANTHONY Q…

Court:District Court of Appeal of Florida, First District

Date published: Dec 15, 2011

Citations

75 So. 3d 428 (Fla. Dist. Ct. App. 2011)