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547 So. 2d 728

547 So.2d 728

14 Fla.L.Weekly 1956

Eubanks v. Jacob

District Court of Appeal of Florida

Decided August 18, 1989

District Court of Appeal of Florida · decided 1989-08-18

Relies on 546 So. 2d 768 - Miller v. Cowart

Decided 1989-08-18

PER CURIAM.

¶1Petitioners Arlene Eubanks and the Department of Health and Rehabilitative Services seek certiorari review of an order of the circuit court which grants respondent Fredrick Jacob’s request for human leukocyte antigen (HLA) bloodgrouping examination of Jacob, Eubanks, and Eubanks’ minor child. This order came about after Jacob was summoned for a civil contempt proceeding based upon his alleged failure to make support payments for the child. A prior judgment of paternity, entered in 1983, names Jacob as the child’s father.

¶2This case is indistinguishable in principle from our recent opinion in Miller v. Cowart, 546 So.2d 768 (Fla. 2d DCA 1989). Accordingly, on the authority of Millerwe grant the petition for writ of certiorari, quash the order of the circuit court authorizing the HLA blood tests, and remand for further proceedings consistent with this opinion.

CAMPBELL, C.J., and DANAHY and PATTERSON, JJ., concur.
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